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ASSESSING CHALLENGES OF E-WASTE MANAGEMENT
REGULATIONS IN TANZANIA; CASE OF DAR ES SALAAM CITY
ISAC C. LUWUNGO
A DISSERTATION SUBMITTED IN PARTIAL FULFILMENT FOR THE
REQUIREMENTS OF THE DEGREE OF MASTERS OF LAW IN
INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS (LLM
IT & T) OF THE OPENUNIVERSITY OF TANZANIA
2014
CERTIFICATION
The undersigned do certify to have read and hereby recommend for acceptance by
the Open University of Tanzania a Dissertation titled “Assessing Challenges of E-
Waste Management Regulations in Tanzania; Case of Dar Es Salaam City”, in
fulfilment of the requirement for the Master’s Degree in Information Technology
and Telecommunications Law.
………………………………………….
Professor David Mellor
Supervisor
…………………………..
Date
ii
COPYRIGHT
This work is copyright materials protected under Berne Convention, the Copy Right
Act, 1999 and any other International and National enactments in that behalf of
Intellectual Property. It may not be reproduced by any means, in fully or in part,
except for short extracts in fair dealing: for research or private study, critical
scholarly review or discourse with an acknowledgement, without written permission
of the Faculty of Law on behalf of author and the Open University of Tanzania.
iii
DECLARATION
I, Isac Luwungo, declare that this dissertation is my original work. It has never been
presented to any other University or Institution for similar or any award.
……………………….………………
Signature
…………………………….
Date
iv
DEDICATION
This work is dedicated to my loving parents Mr. and Mrs. C. Luwungo and my wife
Neema for their moral support. Also to my daughter Abigail and my son Alvin for
their considerable patience during research work. May the almighty god give them
the grace to climb the academic hierarchy above the level reached by their parents.
v
ACKNOWLEDGEMENTS
I would like to sincerely express my heartfelt feelings to my supervisor, Professor
David Mellor for his outstanding guidance and inspiration which have empowered
me to a successfully completion of this work.I am also grateful to Dr. Susan A.
Kolimba, the Dean of Faculty of Law and coordinator of the LLM IT & T
Programme who showed profound concern to assist me throughout my study hence
this work.
Last but not least, special thanks go to all respondents who volunteered their
valuable time assisting me during data collection exercise.
vi
ABSTRACT
This study look at the challenges of Electronic-waste management from Regulatory
Framework perspective with focus on mobile phones related wastes. E-waste
management system incorporates different stakeholders throughout the entire life
cycle of electrical and electronic equipment (EEE) –importers/ producers,
users/consumers, distributors, collectors and recyclers. The efficiency of the system
depends much on the environmental awareness and effective activity of each of the
stakeholders on their responsibilities under the guidance of the legislation and
regulatory framework governing that particular society. Hence, efficient legislation
and regulatory framework governing e-waste management is more likely to be
affected by policy formulation across different stakeholders. The research study
reveals initiatives taken by the government involves ratification of the international
treaties, formulation of regulatory documents like National Environmental Policy,
National ICT Policy (2003), Small & Medium Enterprises (SMEs), Environmental
Management Act (Cap.191) of 2004 and its regulations notably regulation on
management of hazardous wastes, National Energy Policy (2003), Sustainable
Industrial Development Policy (SIDP) and National Trade Policy (2003).
Nevertheless, none of these Policies present clear guidelines as far as E-waste is
concerned. The study results shows that Tanzania lack not only appropriate
technology and knowledge for environmentally sound recycling of e-waste but also
the best legislation and regulatory documents to better manage the wastes being
generated. The need to have an efficient regulatory system in place for e-waste
management is inevitable.
vii
TABLE OF CONTENTS
CERTIFICATION.....................................................................................................ii
COPYRIGHT............................................................................................................iii
DECLARATION.......................................................................................................iv
DEDICATION............................................................................................................v
ACKNOWLEDGEMENTS......................................................................................vi
ABSTRACT..............................................................................................................vii
LIST OF FIGURES................................................................................................xiii
LIST OF ABBREVIATIONS.................................................................................xiv
CHAPTER ONE.........................................................................................................1
1.0 INTRODUCTION...........................................................................................1
1.1 Research Background........................................................................................2
1.2 Problem Statement and Justification.................................................................6
1.3 Literature Review..............................................................................................7
1.3.1 Background-Mobile Technology......................................................................7
1.3.2 The Impact of Mobile Phone Technology Application in Daily life................9
1.3.3 Definition and Categories of E-Wastes...........................................................11
1.3.4 Characteristics and Chemical Composition of E-Waste.................................13
1.3.4.1 Beryllium........................................................................................................15
1.3.4.2 Lead................................................................................................................16
1.3.4.3 Mercury..........................................................................................................16
1.3.4.4 Polyvinyl Chloride PVC.................................................................................17
1.3.4.5 Cadmium........................................................................................................17
viii
1.4 Research Objectives........................................................................................18
1.4.1 Main Objective................................................................................................18
1.4.2 Specific Objectives..........................................................................................18
1.5 Significance of the Study................................................................................19
1.6 Hypotheses......................................................................................................20
1.7 Research Methodology....................................................................................21
1.7.1 The Study Area................................................................................................23
1.7.2 Research Design..............................................................................................23
1.7.3 Sampling Design.............................................................................................23
1.7.4 Sampling Technique........................................................................................24
1.7.5 Sample Size.....................................................................................................25
1.7.6 Data Collection Methods.................................................................................25
1.7.6.1 Primary Data...............................................................................................25
1.7.6.2 Secondary Data...........................................................................................26
1.7.7 Data Analysis Method.................................................................................26
1.8 Report Writing.................................................................................................26
1.9 Scope and Limitation of the Study..................................................................26
1.10 Conclusion.......................................................................................................27
CHAPTER TWO......................................................................................................28
2.0 STATE OF E-WASTE, IMPACT AND THE LAW IN TANZANIA......28
2.1 Current Status of E-Waste...............................................................................28
2.2 State of E-waste, Impact and the Law in Tanzania.........................................30
2.3 National Overview on E-waste Management..................................................32
ix
2.3.1 Policies on E-Waste Management...................................................................33
2.3.1.1 National Environment Policy (1997).............................................................34
2.3.1.2 National ICT Policy (2003)............................................................................36
2.3.2 E-Waste and Environmental Related Legislation..........................................38
2.3.2.1 The Electronics and Postal Communications Act Cap. 306 on e-waste
Management...................................................................................................38
2.3.2.2 The Environmental Management Act (EMA-2004)......................................38
2.3.2.3 Environmental Management (Hazardous Waste Control), 2009...................40
2.3.3 Institutional Framework in Tanzania..............................................................42
2.3.3.1 Vice President’s Office- Environment Division............................................42
2.3.3.2 Local Government Authorities.......................................................................42
2.3.3.3 Occupational Safety and Health Authority (OSHA)......................................43
2.3.3.4 Ministry of Industry, Trade and Marketing (MITM).....................................43
2.3.3.5 Regulatory Management Framework on e-Waste..........................................43
2.3.4 Judicial and Legal Considerations...................................................................43
2.4 Conclusion.......................................................................................................46
CHAPTER THREE.................................................................................................47
3.0 INTERNATIONAL & REGIONAL REGULATORY FRAMEWORKS
ON E-WASTE MANAGEMENT...............................................................47
3.1 International Environmental Law...................................................................47
3.2 Sources of International Environmental Law..................................................48
3.2.1 Hard Law (Traditional) of International Sources............................................49
3.2.1.1 Treat...............................................................................................................49
x
3.2.1.2 Custom...........................................................................................................50
3.2.1.3 General Principles of Laws............................................................................51
3.2.2 Soft Law (Non-Traditional Sources)...............................................................51
3.3 International Initiatives on E-waste Management...........................................51
3.3.1 Multi-Lateral Environmental Agreements......................................................52
3.3.1.1 The Basel Convention....................................................................................52
3.3.1.2 Mobile Phone Partnership Initiative(MPPI)-2002.........................................53
3.3.1.3 The Waigani Convention...............................................................................54
3.3.2 European Union...............................................................................................55
3.3.2.1 (WEEE)-The Waste Electrical and Electronic Equipment Directive.............56
3.3.2.2 Directive 2011/65/EU on the Restriction of the Use of Certain hazardous
Substances in Electrical and Electronic Equipment (RoHS Directive)..........58
3.3.3 Africa Initiatives on E-Waste Management....................................................59
3.3.3.1 Bamako Convention.......................................................................................60
3.3.3.1.1Features of Bamako Convention..................................................................61
3.3.3.1.2Precautionary Principle................................................................................62
3.3.3.1.3......Benefits and Drawbacks of Tanzania’s Acceding to Bamako Convention
........................................................................................................................62
3.3.3.2 The Durban Declaration.................................................................................64
3.3.3.3 The Libreville Declaration on Health and Environmental (2008).................65
3.3.4 East Africa’s Experience on E-Waste Management.......................................66
3.3.4.1 Nairobi Declaration on Environmentally Sound Management of Electrical
and Electronic Waste (2006)..........................................................................66
xi
3.4 Conclusion.......................................................................................................67
CHAPTER FOUR....................................................................................................68
4.0 DATA ANALYSIS, RESULTS AND FINDINGS......................................68
4.1 Introduction.....................................................................................................68
4.2 Situations on Current Policies, Regulations and Institutional Framework on E-
Waste Management and propose Remedies of the Identified gaps................69
4.3 Contractual Relationship between Users, Manufacturers and Mobile
Operators........................................................................................................71
4.4 Evaluation of the Roles of ICT Regulatory Agencies in E-Waste Management..73
4.5 Policy and Guidelines Established by TBS to Control Imports of Electronic
Goods in Tanzania..........................................................................................75
4.6 Mechanism of Separating E-Waste From Solid Waste, Collection and
Disposal Mechanism......................................................................................78
4.7 Benchmark the Quantity of Simcard Renewed Per Service Providers...........79
4.8 Conclusion.......................................................................................................80
CHAPTER FIVE......................................................................................................81
5.0 CONCLUSIONS AND RECOMMENDATIONS...........................................81
5.1 Recommendations................................................................................................83
5.1.1 Legal Recommendations.................................................................................83
5.1.2 Non Legal Recommendations.........................................................................84
5.2 Conclusion............................................................................................................86
BIBLIOGRAPHY....................................................................................................87
APPENDICES..........................................................................................................90
xii
LIST OF FIGURES
Figure 2.1: Graphical Presentation of e-Waste Regulatory Framework in Tanzania 44
Figure 4.1: layout of Tanzania Map and Research area (Dar es Salaam City)..........68
Figure 4.2: Current Policies, Regulations and Institutions Framework....................69
Figure 4.3: Regulatory Framework Provisions on PPP and EPR..............................72
Figure 4.4: The Roles of ICT Regulatory Agencies in e-Waste Management...........73
Figure 4.5: Tanzania Bureau of Standard guidelines on Import of Fake Mobile Phone
........................................................................................................................76
Figure4.6: Separating E-Waste From Solid Waste, Collection And Disposal
Mechanism.....................................................................................................78
Figure 5.1: Overall Response on Each Awareness Index Involved in the Study......82
xiii
LIST OF ABBREVIATIONS
COSTECH Commission for Science and Technology
DCC Dar Salaam City Council
EMA Environment Management Act (2004)
E-Waste Electronic Waste
EEE Electrical and Electronic Equipment
EU European Union
EPR Extended Producer Responsibility
GDP Gross Domestic Product
GSM Globally System for Mobile Communications
ICT Information Communication Technology
ICJ International Court of Justice
IT-Waste Information Technology Waste
MITM Ministries of Industry, Trade and Market
NEAC National Environmental Advisory Committee
NEMC National Environmental Management Council
OSHA Occupational Safety and Health Authority
PACE Partnership for action on Computing Equipment
PC Personal Computer
PPP Polluter Pays Principle
PVC Polyvinyl Chloride
RoHS Restriction of Hazardous Substances
SMEs Small and Medium Enterprises
SIDP Sustainable Industrial Development Policy
xiv
TAEC Tanzania Atomic Energy Commission
TBS Tanzania Bureau of Standards
TCRA Tanzania communications Regulatory Authority
TRA Tanzania Revenue Authority
UNCED United Nations Conference on Environment and Development
VPO Vice president Office
WEEE Waste of Electrical and Electronic Equipment
xv
CHAPTER ONE
1.0 INTRODUCTION
The existence of environmental management and conservation laws as a system
dates back in the colonial era; before independence in 1961, this for the case of
formal legal system. In the colonial era, customary law existed side by side with the
received systems of law in the context of legal pluralism. The importance and
continued relevance of these indigenous laws of the people in society points to the
existence of legal dualism in Tanzania as far as issues relating to Environmental
Conservation are concerned.
In the twenty first century there have arisen various convergences of computing,
content, broadcasting and telecommunications due to advancement in Information
and Communication technologies. These Convergences have brought some changes
on how to handle and manage electronic waste (e-waste) and on other areas as well.
The reason behind this rapid growth of E-waste is due to high demand of electronic
products and high production of the same. As demand increases and modern
technology advances, older electronics goods are replaced which increases
generation of e-waste. For instance the recent Migration from analogue to digital
where some analogue electronic devices will no longer be in use will contribute a lot
to e waste especially in the developing Countries. Furthermore, economies of scale
have helped to decrease the cost of many electrical and electronics appliances hence
increased worldwide demand for several electronic goods which finally end up as e-
waste products.
1
E-waste generally contains up to 60 elements as can be seen from the chemical
periodic table complex electronics. It, for instance contains many toxic substances
such as cadmium which is used in computer rechargeable batteries. These substances
are harmful to human beings If not properly handled, they affect kidneys & bones.
Mercury which is found in lighting equipment can cause damage and destroy
mechanism of nervous system, brain, kidneys, and can even be passed on to infants
through breast milk. Plastics like polyvinyl chloride (PVC) are used for printed
circuit boards, plastic covers & connectors. When land-filled or burnt, these
materials release dioxins which have harmful effects on human reproductive &
immune systems.
A mobile phone for instance, contains more than 40 elements including base metals
copper, tin, special metals like cobalt, indium, antimony and some precious metals
like silver, gold and palladium. Electrical waste though contains hazardous but also
valuable and scarce materials. That’s being the case, the issue of e-waste
management is very important and therefore it is worth to do a thorough research on
challenges from its regulatory Authority. I found it worth to do research on the e-
waste management challenges from regulatory framework perspective with focus on
mobile phones related wastes.
1.1 Research Background
The Advent of rapid changes in Technology and low initial costs of Electronics
equipment have resulted in a fast-growing surplus of electrical and electronic
equipment waste (EEE waste commonly known as e-waste) not only in Tanzania but
around the world. Management of e-waste in an environment friendly way according
2
to all legal regulations and global society is no longer an option but an agenda that
needs to be carried with great importance.
The e-waste management system incorporates different stakeholders throughout the
entire life cycle of electrical and electronic equipment (EEE) –importers/ producers,
users/consumers, distributors, collectors and recyclers. The efficiency of the system
depends much on the environmental awareness and effective activity of each of the
stakeholders on their responsibilities under the guidance of the legislation and
regulatory framework governing that particular society. Hence, efficient legislation
and regulatory framework governing the e-waste management is more likely to be
affected by policy formulation across different stakeholders.
According to the recent study by ITU, the total number of active cell phones is
expected to reach 7.3 billion by this year (2014) compared with the global
population of 7.0 billion. That means the world will have more cell phones
(handsets) accounts than people on Earth at the current growth rate.In Tanzania,
mobile phone subscribers are estimated to be 27.02 million up to September 2013
(66% of Population country wise) meanwhile for Tanzania, the story could be
different due to the fact that handsets importation is partly including second
hand/used and or sub-standard devices. This being the case, the amount of e-waste
from mobile phone industry is likely to be at increasing rate.
Most of the mobile phone users in Tanzania usually change their handsets within two
years which in fact worsens the situation as far as generation of e waste is concerned.
This environmentally means too much wastes accumulation due to huge number of
3
end-of-life devices.
The trend in developing countries is quite alarming in the sense that mobile phones
are rapidly replacing fixed lines; this situation is also observed in the countries with
economies in transition. The shipment of mobile phones is explained to reach a
growth of 15.3 percent between 2009 and 2011 meaning a total of 1.5million
handsets in full year of 2011; Emerging market penetration and new smart phone
popularity are explained to be the main reasons for the growth rate.
The need to have an efficient regulatory system in place for e-waste management is
inevitable particularly in the eyes of environmental impacts; notably on ecological
system and environmental conservation at large. The wastes from packaging
materials for ICT equipment, inclusive of mobile phone gadgets need to be tracked;
the make-up of handset and its accessories generates serious quantities of wastes due
to worn-out processes.
Generally, Developing countries in particular lack not only appropriate technology
and knowledge for environmentally sound recycling of e-waste but also the best
legislation and regulatory documents to better manage the wastes being generated
from time to time.At global level some initiatives on policy framework on e-waste
management has been taking place. For instance:
i. Nairobi Declaration on the Environmentally Sound Management of Electrical
and Electronic Waste (2006)
ii. Partnership for Action on Computing Equipment (PACE)-2008
4
iii. Mobile Phone Partnership Initiative (2002)
iv. Basel Convention on the Control of Transboundary Movement of Hazardous
Wastes and their Disposal (1989)
v. Bamako Convention and ITU initiative has brought some changes in the
management of e-wastes (1991)
Along the same line, initiatives taken by the government of the United Republic of
Tanzania country wise involves ratification of the international treaties, formulation
and putting in place regulatory documents such as:
i. National Environmental Policy (1997).
ii. National ICT Policy (2003).
iii. Small and Medium Enterprises (SMEs) Development Policy (1996).
iv. Environmental Management Act (Cap.191) of 2004 and its regulations
notably regulation on management of hazardous wastes.
v. National Energy Policy (2003).
vi. Sustainable Industrial Development Policy (SIDP) 1996-2020.
vii. National Trade Policy (2003).
Nevertheless, none of these Policies present clear guidelines as far as E-waste is
concerned. Taking into consideration the seriousness of the problem, the Country
needs a specific Policy on E-waste management. This research is carried out with a
view to understand the country situations on regulatory framework on electronic
waste (e-waste) management. The research examine the adequacy, or otherwise, of
the provisions of the Tanzania Regulatory Framework on the control and
5
management of e-waste. It will also review the effectiveness of current country
regulatory initiatives aimed at curtailing the challenges of e-waste management. The
study will also review the regulatory framework in view of identifying the existing
gaps that in or otherwise plays a role in accelerating e-waste management challenges
in Tanzania.
1.2 Problem Statement and Justification
There has been rapid growth in production of electronic devices/gadgets in the 21 st
century but to date there isn’t in place a policy or an effective mechanism to
regulate the management of e-waste in Tanzania. The gap to be addressed in this
study is on how the challenge of e-waste management can be taken care of.
Mismanagement of e-waste is harmful to the community as its puts their health at
risk.
Due to this I found it worth to do research on the e-waste management challenges
from regulatory framework perspective with focus on mobile phones related wastes.
6
1.3 Literature Review
The electronic production has extremely grown over the past decades such that the
use of electrical and electronic equipment (EEE) has become an important part of
today’s life in the world. The use of electronic devices have found a critical position
in the areas of ICT, communication, medicine, health, education, environmental
protection food supply equipment and others. The key basic Electronic devices
which have become commonly part of human life comprises of many domestic
appliances like Mobile phones, refrigerators televisions set, printers, washing
machines, laptop and Computers.
1.3.1. Background - Mobile Phone Technology
Looking back in few decades ago, owning a mobile phone was a luxury thing biased
only to high profile section of the community. However, innovation and cost-
reduction technologies, developed with time, have made the advent of a gadget
accessible by almost anyone and everyone can easily afford hence making it a social
and an inevitable thing in a daily life. Mobile phone technology development dates
back in 1926 (SEI, 2010) when it was used in passenger trains and passenger
airplanes for the purposes of air traffic security between Berlin and Hamburg in
German. Motorola Company in 1940s was reported to come up with “Walkie
Talkie”; a two way-radio which was large and bulky.
In 1971, AT&T Incorporation, invention brought one of the very earliest commercial
mobile phone networks in the world, sometime referred as Zero Generation cellular
network. In 1973, Martin Cooper while General Manager of Motorola’s
7
Communication System Division incarnated his vision for personal wireless
communications which was different to the one installed in cars. This was the very
first beginning of mobile phone technological shift towards person and social based
communication as the discovery’s first call triggered a rivalry from Cooper's rival at
AT&T's Bell Labs in USA (Fairley, 2005; Ferranti, 1999).
The MPPI (2006) defines a mobile phone/cell phone/cellular phone as a small,
sophisticated personal two-way radio. It sends and receives radio signals, carrying
voice in personal communications with other mobile phones and landline telephones.
The mobile phone just like other EEE are made from a variety of materials: these
materials include plastics, metals, ceramics and glass. Mobile phones contain the
same materials as personal computers or other ICT devices and are very similar in
the way they are made. The only significant difference is in the size of the mobile
phones as compared to the size of the laptops. MPPI (2006) lists the following
components as essential components of a mobile phone:
i. The hand set
ii. Simcard
iii. A battery
iv. Microphone and speaker
The handset consists of the screen or display that can be monochromatic or colored
protected by a glass cover. It has a keypad and an antenna. Inside the handset there is
a printed wiring board with integrated chips, resistors, capacitors and wires. This
makes up the electronic components of the phone or the phones’ brain (MPPI 2006).
8
There are many different types of mobile phone manufacturers and different types of
phone models therefore the material quantities and substances may differ slightly
from model to model and from the different manufacturers (MPPI 2006). However,
the main materials found in mobile phones have been summed up by the MPPI
(2006)6 as:
Plastics, Glass and ceramics, Copper and its compounds, Nickel and its compounds,
Potassium hydroxide, Cobalt, Lithium, Carbon, Aluminium, Steel and Tin. The
mobile phone from the above list indicates that they only contain solid materials.
The main aim of looking at the ICT sector is because the equipments in this sector
do contain potentially hazardous substances though in small amounts which if
released into the environment due to poor or lack of management may results to big
impact to human life.
1.3.2. The Impact of Mobile Phone Technology Application in Daily life
The most fundamental function of mobile phone is to make and receive calls. On the
other hand, mobile phones can perform more than one function. The mainly
significant benefit of a mobile technology is usefulness. With only one small handset
you can do whatever you want and enjoy several services offered and provided by
mobile operators with no necessary of going out of your way to execute something.
Nowadays, mobile handsets are not just a means of receiving and performing calls,
they’re more about messaging, songs, videos, games, reminder etc. hence one tool
with lot of applications. You may use it for internet browsers, send and receive mail
through internet, chatting, video games, guidance on various locations, presentation
9
preparations at any time anywhere. Additionally, you can be rescued from complex
location with the assistance of the mobile phone technology. In real sense, the
mobile and telecommunication technology in fact enhance people’s capability to
handle crisis circumstances. It is as well accompanied with a variety of advanced and
sophisticated features like digital camera, video which helps individuals to record
videos and snap pictures in the same time.
Sub-Saharan Africa has some of the lowest levels of infrastructure investment in the
world. 29% of roads are paved, only a quarter of inhabitants have access to electrical
energy, and there are fewer than three landlines available per 100 people (ITU, 2009;
World Bank, 2009). However use of mobile technology has dramatically increased
over the past decade. 60 percent of the population has mobile phone coverage.
Mobile phone subscriptions increased by 49 percent annually between 2002 and
2007, as compared with 17 percent per year in Europe (ITU, 2008).
The fast receipt of mobile technology has produced a huge compact concerning its
effect on economic growth not only in Africa continent but worldwide. Generally
Policymakers, the media and mobile cellular Operators all advertise the poverty-
eliminate potential of mobile phones (Corbett, 2008). Paul Kagame, President of
Rwanda, said: “In 10 short years, what was once an object of luxury and privilege,
the mobile phone, has become a basic necessity in Africa” (Connect Africa Summit,
October 29, 2007). An article in the Economist (2008) likewise reported that “A
device that was a yuppie toy not so long ago has now become a potent force for
economic development in the world's poorest countries.”
10
The mobile phone technology has been reported to have impact in the following
areas of society components:
i. Economic activities
ii. Employment trends
iii. Women empowerment
iv. Promoting social cohesion
v. Natural disaster management
vi. Promoting social responsibility
1.3.3. Definition and Categories of E-Wastes
While there is no universally general definition of E-waste, it is normally used to
describe old, end-of-life, or discarded appliances that use electricity, especially
consumer electronics which have been disposed of by their original users (SECO -
State Secretariat for Economic Affairs). E-waste is also used as a generic term
embracing various forms of electrical and electronic equipment that have ceased to
be of any value to their owners (whether or not this equipment is still functional).
E-waste is the term also used to refer to items of all types of electrical and electronic
equipment (EEE) that have been discarded.”(Perry and McCann, 2013). It’s a group
of waste from ICT activities that are in obsolete state; “e-waste” is defined as
anything that has a plug, which also includes the American definition of the term, as
well as items such as refrigerators, washing machines (Sustain Electronics Initiative,
2010).
11
A more comprehensive and widely recognized definition of e-waste is defined by the
European Parliament in the Directive 2002/96/EC on Waste Electrical and Electronic
Equipment (WEEE). Article 3(a) defines “electrical and electronic equipment” or
“EEE” as “equipment which is dependent on electric currents or electromagnetic
fields in order to work properly and equipment for the generation, transfer and
measurement of such currents and fields falling under the categories set out in Annex
IA and designed for use with a voltage rating not exceeding 1,000 Volts for
alternating current and 1,500 Volts for direct current.” 29 Article 3(b) defines “waste
electrical and electronic equipment” or “WEEE” as “electrical or electronic
equipment which is waste within the meaning of Article 1(a) of Directive
75/442/EEC, including all components, subassemblies and consumables, which are
part of the product at the time of discarding.” Directive 75/442/EEC, Article 1(a)
defines “waste” as “any substance or object which the holder disposes of or is
required to dispose of pursuant to the provisions of national law in force.” It is very
broad in scope and virtually covers all electrical and electronic equipment used by
consumers or intended for professional use that may end up in the municipal waste
stream.
Under Annex IA and IB of WEEE Directive, there are ten main categories of
Electrical and Electronic equipment as mentioned below:
i. Large household appliances: washing machines, dryers, refrigerators,
air conditioners, etc.
ii. Small household appliances: vacuum cleaners, coffee machines,
irons,
12
iii. Information Technology (IT) and telecommunication equipment:
Personal computers (PCs), laptops, mobile phones, telephones, fax
machines, copiers, printers, calculators, etc.
iv. Consumer equipment: televisions, VCR/DVD/CD players, radios,
stereos.
v. Lighting equipment: fluorescent tubes, sodium lamps, etc.
vi. Electrical and electronic tools: drills, electric saws, sewing machines,
Lawn mowers, etc. (except large stationary tools/machines)
vii. Toys, leisure and sports equipment: electric train sets, coin slot
machines, treadmills, video games, etc.
viii. Medical devices: ventilators, cardiology and radiology equipment,
etc. (except implanted and infected products)
ix. Monitoring and control instruments: smoke detectors, thermostats,
control panels, etc.
x. Automatic dispensers: vending machines, hot/cold drink dispensers.
Information and telecommunication equipment, particularly, computers and Mobile
phones are amongst the mainly challenging products because of their high volume
and short life span. For the purposes of this dissertation, my focus has been limited
to the most popular forms of such technologies – Mobile phones (cell phones).
1.3.4. Characteristics and Chemical Composition of E-Waste
Electronic and Electrical products contain various electronic elements that are made
from different substances including glass, plastics, metals, as well as organic and
13
inorganic compounds. They contain both hazardous materials as well as valuable
materials that need proper handling, treatment and recycling methods as well.
High-tech electronics components are one of the most complex mass-produced
components – a complexity that in turn brings extraordinary challenges when it
comes to dealing with this components at the end of their life span (EoL) as might
impose greater impacts to human health.
According to Elizabeth Grossmann in her book Digital Devices, Hidden Toxics
and Human Health, heavy metals are toxic in low concentrations and tend to
accumulate in the food chain. Heavy metals can cause neurological damage and
adversely affect fetal development and reproductive systems. They are known to
cause kidney disease and some are recognized carcinogens. Disposing of e-waste in
landfills is very dangerous because these elements can leach into water and soil and
seep into the local watershed, where they can be ingested by insects, fish and other
aquatic creatures and then work their way into our diet.
Dumping of E-waste is rapidly growing alarm due to increasing volumes and toxic
content, whether it is domestic or international disposal. Compounds, such as
polybrominated diphenyl ethers, that are used as flame retardants to make appliances
safer during their application, are also highly dangerous persistent organic pollutants
that lead to extremely serious health and environmental risks. The hazards of e-waste
are most acute in the event of incorrect disposal and incorrect recycling techniques.
14
Electronic appliances comprise thousands of different components that can be toxic
when discarded, such as lead and cadmium in circuit boards; lead oxide and
cadmium in cathode ray tubes (CRTs); mercury in switches and flat screen monitors;
cadmium in computer batteries; polychlorinated biphenyls (PCBs) in older
capacitors and transformers and brominates flame retardants on printed circuit
boards, plastic casing cables and polyvinyl chloride (PVC) cable insulation. Harmful
Chemicals in Electronic Products a lot of components can be found in electronic
products of which many are extremely poisonous, such as beryllium, lead, mercury,
Brominated flame retardants, cadmium, plastics, hexavalent chromium etc. These
substances are dangerous and poisonous to both environment and human health as
well.
1.3.4.1. Beryllium
This type of components has a unique characteristics, it is extremely lighter than
aluminium and stronger than steel as well being a very good conductor of electricity.
The component is appropriate in the manufacture of Electronic equipment such as
Telecommunication parts (Mobile phones) and Computers. It is normally found on
circuit boards, relays and Connections. Dust, fumes and beryllium oxide are
normally produced during the refining and processing of beryllium and its
components. Recent studies have shown that people working with such alloys can
have a significantly risk of exposure to beryllium and suffer health impact including
developing chronic Beryllium Disease (CBD).
Beryllium has been proved to cause cancer in human being as well as in many
species of animals. Researchers have confirmed and established the relationship
15
involving exposure of beryllium and lung cancer to human being, particularly to
those with acute beryllium disease (ABD) which is normally caused by extremely
exposure of high levels of beryllium components and it has been classified as a
human carcinogen by the International Agency for Research on Cancer (IARC).
1.3.4.2. Lead
Lead is mainly used in electrical solder on mother board of Electronic components as
an alloy with tin while Lead oxide is used in CRTs (Cathode ray tubes). If not
properly disposed or crushed in landfills, the Lead tends to accumulate when
released into the environment, having long residence time compared to most
pollutants. It can remain accessible to the food chain and human being metabolism
far into the future (Lead is highly toxic to human as well as many plants and
animals). Since soil, ground water and duct are contaminated with Lead, children are
in more dangerous to be affected due to their behavior of hand to mouth transfer.
And human drinking supplies as well.
The negative impact of lead is well known. For instance, excessive exposure to lead
components can result to damage human central nervous systems, kidney,
reproductive system and blood systems as well. It also has been demonstrated to
have serious negative impact on development of kid’s brain.
1.3.4.3. Mercury
Mainly found in printed mother boards, lighting devices that illuminate flat screen
displays, relays and electronic switches. According to World Health Organization
(WHO), mercury is highly toxic to human health and the environment in general
16
posing greater threat to the development of the child in earlier stages. It is normally
found in different forms like elemental, inorganic or organic. All these forms have
different degree of toxics of effect on human beings and implications on how to
prevent and measures. For example mercury in the form of Elemental is a liquid
which is normally very easy to vaporize in the clouds and well stay up to around one
year in the atmosphere. That being the case it can be well transported and deposited
globally. It ultimately settles in the sediment of lakes, rivers or bays where it is
transformed into methyl mercury, absorbed by species from oceans and accumulates
especially in long-lived predatory species, such as sharks and swordfishes. The
inorganic salts of mercury are corrosive to the skin, eyes and gastrointestinal tract,
and may induce kidney toxicity if ingested (WHO, 2007
1.3.4.4. Polyvinyl Chloride PVC
These types of Materials usually produce toxics known as dioxins once burnt. Found
on mobile phones and Computer housing plastics due to its fire-resistant properties.
However it has got a very big negative impact causing problem on reproductive
system and can interfere regulatory system of hormones in human being (Osuagwu
& Ikerionwu, 2010).
1.3.4.5. Cadmium
This type of chemical compounds is normally found in semiconductors, Nickel-
cadmium (Ni-Cd) batteries and Chip resistors in mobile phones and computers. It
has got a very big impact on human health. Its toxics affect respiratory systems and
kidneys. According to WHO, this components is classified as a human carcinogen.
On 31st of May 2011, the electromagnetic fields associated with wireless mobile
17
phones were classified by International Agency for Research on Cancers (IARC) as
a possibly carcinogenic to human being group 2B based on increased risk of brain
cancer known as glioma (type of tumor that originate from brain or spine).
Therefore these hazardous components found in Mobile phones and sim cards if not
properly controlled can largely impact both human health and the environment.
1.4 Research Objectives
This research study is guided by the following Main and Specific Objectives:
1.4.1. Main Objective
The main objective of this study is to assess Regulations relating with e-Waste
Management in Tanzania, Case of Dar Es Salaam City.
1.4.2. Specific Objectives
Being led by the above key objective, this study has minor objectives to identify
drawbacks in the current Policies, Regulations and Institutional Framework on e-
waste management and propose remedies of the identified gaps. Therefore the
specific objectives of this Study include the following:
a. Analyze some provisions that set down contractual relationship between
users, manufacturers & Mobile operators with vision to determine any gap
(Lacuna) if any.
b. Evaluate the roles of ICT Regulatory agencies in e-waste management
18
c. Examine the existing policy & guidelines established by TBS (Tanzania
Bureau of Standards) to control imports of fake or substandard electronic
goods in Tanzania
d. Identify and analyze weakness and Strength of the Laws and its enforcement
mechanism in managing E-Waste.
e. Propose and recommend on Regulations, Guidelines and Policy in addressing
challenges of e-waste management.
f. Benchmark the quantity of simcard renewed per service providers
g. Examine the existing mechanism of separating e-waste from solid waste,
collection and disposal mechanism.
1.5 Significance of the Study
The significance of this Study include the following:
i. Improve public understanding on E-Waste Management and Contractual
relationship among users, manufacturers and Mobile Operators.
ii. The research findings will as well raise awareness between people
particularly users on Electronic equipment on their rights & obligations based
on Electronics agreements.
iii. The research will improve literature on Electronics Law and policy within the
Country.
19
1.6 Hypotheses
This study is guided by the following research questions:
a) What is the current status/situation of e-waste management in Tanzania?
b) Is the current legal regime on e-waste management in the country
effective? (If yes to what extend)
c) What policies and institutional mechanisms are in place to address the e-
waste management problem?
d) Is there any specific regulation on e-waste management in Tanzania’s
regulatory framework?
e) What roles do the ICT regulatory agencies play in e-waste management?
f) Do the service providers and regulatory agencies have any information
database on e-waste generated from renewed simcard or simcard swap
and or handset blockage?
g) Who bears the responsibility of e-waste management falls, is it the
producer, consumer, the government or the service provider?
h) What effort is being done by Regulator (TCRA) to enhance e-waste
management & sensitization in Tanzania? Has it laid any structure for
sensitization through Community based organization or NGOs?
i) What initiatives have been taken by Dar es Salaam City Council to ensure
its inhabitants are aware of and well educated on e-waste management at
domestic and national level?
j) What are the challenges on the available e-waste collection and disposal
mechanism?
20
1.7 Research Methodology
The study is based on the current situation on E-waste management regulations.
Theoretical information on the issue, relevant literature on legislation and regulatory
framework have been reviewed. The data for the case study was collected through
questionnaire, interviews and observation.
Two main methods, Documentary research method and Field research method used
in this study. On documentary research method, the researcher visited different
libraries where he went through different legal materials while on the Field research
method the researcher employed questionnaires, Interview and observation.
The personal interviews and site visits provided a practical view of the situation and
providedan opportunity for acquisition of current data in the ICT sector in Tanzania.
The research usedseveral methods when gathering primary data. The methods
included:
1. Face-to-face interviews
2. Focus group discussions
3. Site visit
Face-to-face interviews were used dueto their flexibility in data collection. The
method provide more quantitative data since the discussion was open and inclusion
of new ideas while in the field. The personal interviewswere used based on the fact
that the E-Waste management in Tanzania is new and many citizen may nothave
heard about it, thus the interviews provided the opportunity to clarify the concept
anddefine it in the process of discussion.
Focus group discussions were manageable when dealing with various groups
involved in E-wastemanagement particularlyinformal Electronics repair workshops
21
The focus groups offeredthe interviewees the opportunity of talking to each other
and discussing the questions andproviding more information.
While Site visits presented an insight and better understanding of the existing
situationon unforeseen aspects of the Country E-waste management.
Interviews were structured in-depth and open-endedFace-to-face discussions,
telephone interviewsand online questionnaires.The details of the interviewees are
found in the Annex 1. A total of 111 key informants were interviewed out of 120 in
all three districts (Kinondoni, Ilala and Temeke) from the following organizations:
a. National Environmental Management Council (NEMC).
b. Tanzania Revenue Authority (TRA) Customs Department
c. Tanzania Bureau of Standards (TBS)
d. Tanzania Ports Authority (TPA)
e. Tanzania Communications Regulatory Authority (TCRA)
f. Mobile phone repair shops and Dealers
g. Network Providers (Airtel, Vodacom, Tigo, Zantel, TTCL, Smiles,)
h. Dar Es Salaam City Council
i. Members of the society/ public selected randomly
j. Other stakeholder institutions like University of Dar Es Salaam and Open
University of Tanzania.
k. Occupational Safety and Health Authority (OSHA)
22
1.7.1. The Study Area
The study is carried out in Dar es Salaam City; meaning Kinondoni, Ilala and
Temeke Municipalities. Purposive sampling has been used to select the specific
study site given that study area is too huge with high population density. The main
mobile phones service providers in the study area are Airtel Tanzania Limited;
Vodacom Tanzania Limited; Mic (tiGO) Tanzania Limited and Zantel Tanzania
Limited; with customers across the country. Dar es Salaam’s population is estimated
at 4million.
1.7.2. Research Design
The objective of research is to establish answers from the public on the challenges of
e-waste management regulations. The research design used in this study is
descriptive survey. The study is aimed at collecting information from respondents on
their opinions on the challenges on available regulations governing e-waste
management in Tanzania, in particular Dar es Salaam City. In this research both
primary and secondary data has been used; primary data obtained using
questionnaires while secondary data found from the internet, journals and books as
part of the literature review.
1.7.3. Sampling Design
Sample design is about choosing how many elements (business, people, etc) to
include in a survey in order to provide a good basis for measuring economic and
social phenomena. Research often uses sample survey methodology to get
information concerning a larger aggregate or population by choosing and computing
23
a sample from the population.1 Due to the variability of characteristics among items
in the population, researchers apply scientific sample designs in the sample selection
process to reduce the risk of distorted views of population, and they make inferences
about the population based on the information from the survey data (Canadian
Government, 2004).
Salewi (2003) cited Van Dalen (1979) and suggest that, to obtain a representative
sample; a researcher must accomplish four important aspects so as to systematically
select each unit in a specified way under controlled conditions. The aspects are;
define the population, procure an accurate and complete list of units in population,
draw representative units from the list, and obtain a sufficiently large sample to
represent the characteristics of the population.
Kombo and Tromp (2006) present three methods for drawing non probability
sampling as quota sampling, convenience sampling and purposive/judgmental
sampling. In this research, purposive sampling is used.
1.7.4. Sampling Technique
Kumar (1996) states sampling as a process of selecting a few from a bigger group to
suit the basis for estimating or forecasting a fact, situation or outcome regarding the
bigger group. Factors influencing the inferences taken from a sample are twofold;
one, the size of samples as a rule, the larger the size, the more the accurate will be
the findings. Two, the extent of variation in the sampling population; the greater the
1 Source: http://support.sas.com/rnd/app/da/new/dasurvey.html
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variation in the study population with respect to the characteristics under study, for a
given sample size, the greater will be the uncertainty. In this study non-probability
sampling approach has been used.
1.7.5. Sample Size
Salewi (2003) quoting Van Dalen (1979) named three factors that determine the size
of an adequate sample as the nature of the population, the type of investigation and
the degree of precision required. The US Government (2001) suggested that, the
minimum required sample size to be three percent of the population or three
thousands, whichever is less. When calculating sample sizes, it is appropriate to
round all fractions or decimals upwards to the nearest whole number. For the sake of
this research, the sample size is one hundred and twenty (120).
1.7.6. Data Collection Methods
Data collection refers to the gathering of information to serve or to prove some
phenomena. There are two sources of data, primary data and secondary data.
1.7.6.1. Primary Data
Primary data was obtained directly from respondents through questionnaires and
interviews. Closed end questions have been designed to suit the main and specific
objectives of the study. A total of one hundred and twenty questionnaires were
distributed to various stakeholders in regard to this study.
25
1.7.6.2. Secondary Data
Secondary data obtained through literature review to be more covered through
Chapter Two.The researcher visited different libraries where he went through
different legal materials and books.
1.7.7. Data Analysis Method
Data was analyzed using MS Excel and Statistical Package for Social Science
(SPSS), while presentation was done by using charts and graphs generated from
excel data sheet.
1.8 Report Writing
The final report has been prepared with respect to the guideline of the Open
University of Tanzania.
1.9 Scope and Limitation of the Study
The research study is based on mobile phone related e-wastes management
regulations in Dar es Salaam City meaning Kinondoni, Temeke and Ilala Districts.
The option of selecting Mobile phone is based on the fact that the industry of Mobile
phone in developing countries including Tanzania is growing very fast.
The interest in this area was triggered by the continuing debates on how to control
and manage Electronic waste due to arisen of various convergences in computing,
content, broadcasting and telecommunications because of advancement in
Information and Communication technologies. These Convergences have brought
some changes on how to handle and manage electronic waste (e-waste).Among other
26
electronic devices in Tanzania, Mobile phone is the mostly used and affordable
equipment due to its importance in communication with consumer’s behavior of
owning more than one mobile phone handset/gadgets. The availability of second
hand and fake mobile phones has been a normal appearance in recent days. This
quietly spells out a huge amount of wastes from mobile phones consumers’
perspective resulting into a serious threat to both human beings and the environment.
1.10 Conclusion
Given some of the challenges posed as a result of the particular characteristics of
electronic products outlined above, the central issue in terms of e-waste is that it
needs a specialized way of handling and managing disposal in order to prevent
environmental and human health hazards.
27
CHAPTER TWO
2.0 STATE OF E-WASTE, IMPACT AND THE LAW IN TANZANIA
2.1 Current Status of E-Waste
The amount of e-waste generation in the country is not well recognized though a
little number of researches has been explored, including a rough approximation of
the installed base of computers and e-waste generated (Kaunde and Kayenga 2009,
Vice president Office (VPO) 2005) and analyzes the stakeholder set-up in Dar es
Salaam. Current study was carried by Anne Magashi &Mathias Schluep on e-waste
assessment and shows that by 2015 more than 9500 tons of e-waste (Only
Computers) will be generated. Potential mass flow trends based on linear and
exponential growth indicate that possible e-waste generation from computers could
be between 250,000 and 800,000 computer units by 2015 respectively, which is
equivalent to 3,000 – 9,500 tones (Anne Magashi & Mathias Schluep).
On the status of e-waste in Tanzania, the deputy minister for Communications,
Science and Technology, Mr. January Makamba, said the government was in the
process of starting reviewing the 2003 ICT policy so as to include e-waste
management (April 2013). That should happen sooner rather than later. We need to
draw up specific regulatory frameworks on e-waste management as a matter of
urgency. Otherwise there is no sufficient information on the existing practices and
strategies on e-waste management in Tanzania.
The telecommunication industry is one of the best ever rising industries not only in
Tanzania but International wise as well. The continuing growth has been observed
28
by introduction of wireless network system which results to huge investment of
mobile/cellular Telecommunication industry. The mobile/cellular communication in
the country has been a favorite choice over the fixed line network system by greater
part of the citizens due to the easiness of obtaining the mobile handset contrast to the
deployment of fixed landline. The Mobile phone is more preferred due to its better
services provided as well as its ability of widespread coverage in remote and rural
areas. Not only communication, mobile phones have so many applications that are
offered by mobile operators which attracts a large numbers of subscribers. For
example the credit transfer services, Mobile-money transfer services, paying various
bills through mobile money services etc.
According to Tanzania communications Regulatory Authority (TCRA), the number
of mobile customers rose from 8.5 million subscribers in 2007 to 27 million in
December 2013. This represents a 218% increase in the subscriber base (TCRA,
2013). The growth significantly increases teledensity by about 40% from 21% in
2007 to 61% in 2013 (TCRA).This exponential growth in Mobile subscription is
direct proportional to an increase in the number of sim cards and set of mobile
handsets purchased respectively. Consequently in the country there is influx of
second mobile handset and accessories especially from Asia and Europe. The
development in the ICT sector at large depends on second hand/reconditioned EEE
that is imported into the country. This indicates that the development of Information
and communication Technology in the country depends at large on
reconditioned/second hand electrical and electronic equipment that are imported into
Tanzania.
29
No available data on the availability and accessibility of various electrical and
electronics equipment in the country as a result poor or inefficient data records on
imported electronic components as new and second hand products cannot be
differentiated.
Lack of consistent data on existing dealers of IT and electronic equipment from the
governmental power authorities, Lack of reliable data on e-waste creation from
different stakeholders in the country, absence of appropriate e-waste recycling, lack
of proper disposal mechanisms for dangerous and hazardous wastes, Lack of proper
e-waste collection and recycling infrastructure, weak implementation on policy and
legislation, lack of e-waste awareness and its potential risks to human health and the
environment at large as well as the e-waste illegal dumping like burying and burning
etc. are among weaknesses of the current status of e-waste in the country.
2.2 State of E-waste, Impact and the Law in Tanzania
In 1992, the United Nations Conference on Environment and Development
(UNCED) which was held in Rio de Janeiro, Tanzania among other Nations,
announced a declaration that people can make their living without destroying the
natural resources and ecosystems compulsory for meeting their requirements and
supporting the diversity of their life on the earth. However one of the challenges
facing the United Republic of Tanzania after agreeing to Rio de Janeiro Declaration
is how to take necessary steps on legislation so as to guarantee proper Environmental
conservation management to its citizens. The efforts have been made by the
government under President’s Office Division of Environment and Local
30
Government Authorities to improve environmental sectors with a view to attain and
manage sustainable development. Others include the relevant sectoral Ministries and
Regulatory Bodies such as Ministries of Industry, Trade and Market (MITM);
National Environment Management Council (NEMC) and Occupational Safety and
Health Authority (OSHA). The Environment Management Act (2004) also provides
for the establishment of the National Environmental Advisory Committee (NEAC)
which advices the Minister responsible for environmental and other sectoral
Ministries on matters related to environment degradation, waste management among
them.
Others who are indirectly being involved in one way or another with E-waste issues
include Tanzania Police Force (for disposal of EEE handled to them as stolen but not
collected by owners), Tanzania Revenue Authority (on imports and exports),
Tanzania Bureau of Standards (on Electrical Equipment standardization and
enforcement) and TCRA (Tanzania Communications Regulatory Authority) that
regulate and control the communications industry with a specific mandate on type
approving all Electronic Communications Equipment.
Even though the progress in several areas remains slow, the government is yet to
engage in a major exercise intended at creating or reviewing legislation & policies
on the concerned sectors since 1997 when the environmental policy was originated.It
is for that reason electronic waste is a noticeably cross-cutting affair that requires a
clear institutional leadership.
31
2.3 National Overview on E-waste Management
United Republic of Tanzania is one of commonwealth countries and member States
of East African Community with a total population of 44.9 million (National
Bureau of Statistic-NBS 2012) located within the East African Region. The
Country is also among the SADC members (Southern African Development
Community). It got its independency from the British in 1961, inherited the British
Common law system and as a result most of laws which were enacted during British
Colonial era are still applicable. However the Country has been slowly changing her
legal system to cope with globalization, economic and political reforms.
The rapid development and innovation of technology in the last two decades has
brought the global growth in Electrical and Electronic equipment production and the
consumption has been rising exponentially as well. According to United Nations
Environmental Programme (UNEP) this rising is due to increasing market
penetration of products in developing countries including Tanzania. Currently e-
waste is the fastest growing stream globally with a growth rate of 4% a year and an
estimation of around 40millions tones are produced annually (Schluep, M. et al.
2009).
Currently, an effort to deal with the e-waste crisis in the country is not well
coordinated and properly managed as such it does not go simultaneously with the
seriousness of the problem. Generally, the nation lacks responsiveness in terms of
general community on the e-Waste related subject. As declared in the preceding part,
there is scientific and technical proof that e-waste containing components like
32
Cadmium, Lead, and Polyvinyl Chloride have high impending to cause huge damage
to environment and human health if not well disposed. All of these components are
also found on mobiles phone as well. As a result, without a doubt it is important for
the country to formulate a proper e-waste policy. And this policy should correctly
reflect the concern of a variety of stakeholders both in the unorganized and
organized sector. Moreover it should include analysis of practitioners in the field as
well.
As we have seen, the country does not have specific legislation and policy connected
directly to e-waste management. However, the government tries to develop various
legislations and policies which aim at protecting environment and its population at
large.
2.3.1 Policies on E-Waste Management
Tanzania has no specific policy on e-waste management but a number of policies are
in place which aims at protecting the environment and human health in general
(Anne Magashi & Mathias Schluep). Among the existing policies relevant to e-
waste management include the National Environment Policy (1997), Sustainable
Industrial Development Policy (SIDP) 1996 – 2020, National Water Policy (2002),
National Energy Policy (2003), National Trade Policy (2003), Small and Medium
Enterprises (SMEs) Development Policy (2003), the National Health Policy (2003),
Science and Technology Policy (1996) and the National Information and
Communications Technologies (ICT) Policy (2003). However, none of these
Policies presents clear guidelines as far as E-waste is concerned. Considering the
33
seriousness of e-waste management problem, Tanzaniadeserves to have a specific
Policy and legislation on e-waste management.
On the other hand, the Vice president`s office developed a draft National Waste
Management Strategy Action Plan with the purpose to play down environmental
and human health threat related with improper e-waste management by involving
different stakeholders from private and institutional organizations as well as
reviewing the current country policies and legislations. The targets of this draft were
by:
i. 2013, 80% of Imported Electric and Electronics Equipment should conform
to product standards.
ii. By 2013, the quality of end use of electrical and electronic equipment
imported into the country is controlled and last but not least
iii. By 2013, At least two national known e-waste collection and recycling
centers should be recognized and well established
However up to now 2014, one year more than the target of this determined plan is
yet to be implemented. This indicates that the government is not ready for e-waste
management revolutionary and this indeed if not takenseriously will affect human
health and environmental as well.
2.3.1.1 National Environment Policy (1997)
The term ‘policy’ can be described as a set of principles that guide a regular course
of action. The National Environmental Policy, 1997 provides a framework for
making fundamental changes that are needed to bring environmental considerations
34
into the mainstream of decision-making in Tanzania.2 The policy provides as well
the guiding principle that determines priority actions so as to regulate, review and
monitor environmental policies, programmes and plans regularly.
The main objective of National Environmental policy is to make sure country
sustainability, environmental security and reasonable use of the environmental
resources to so as to meet the basic requirements of the current inhabitants without
compromising individuals of the upcoming generations without mortifying national
environment and therefore risking human health.
Relevancy to e-waste management, the policy Promotes health related programmes
including food hygiene, separation of toxic/ hazardous wastes and pollution control
at house hold. Therefore perfect management of e-waste will diminish toxic waste
to the environment and hence decrease risk to human health. Since environmental
policy involves many sectors and interest groups, its scope is necessarily broad and
the logistical demand for overseeing its implementation and ensuring coordinated
attention to interconnected challenges is complex as well. The challenge is to ensure
that all concerned take priority action on all main fronts and that their actions are
mutually supportive, reflecting a mission commonly subscribed to by all. This means
that the environmental must be subjected to greater accountability and control, with
more effective instruments having clear objectives to be pursued. It means
strengthening the functions of government and the corresponding institutions in
environmental protection.
2 Environmental Law in Tanzania: How far have we gone available online at http://www.lead-journal.org/content/07026.pdf (Accessed on 22nd of March 2014)
35
The Environmental Policy is a complete effort to guide the conservation of natural
resources in the country. However the impacts of policy application have never been
reviewed and up to now, in general no legal instruments have been put in place so as
to provide result to its implementation. Nor is there such an environmental law,
although there is also globalization, economic transformation as well as climate and
technological change particular e-waste that need to be taken into account in the
review and updating of the environmental policy.
That being the case; the policy should be urgently reviewed by several National
environmental consultants with the inclusion of higher learning institutions, students,
government, development partners as well as the resource users. Also it’s important
to catalyze mass education on environmental campaigns so as to enable people to be
aware of proper reserving environmental resources which in turn will support human
health.
2.3.1.2 National ICT Policy (2003)
Information and Communications Technologies (ICT) advances since the end of the
20th Century have led to multiple convergences of content, computing,
telecommunications and broadcasting.3 These developments have brought some
changes in other areas as well particularly in e-waste management. Increasing
capacity of ICT has further been empowered by the growth of a global mobile
network and attracts many people to use communication through mobile phones.The
ICT industry in Tanzania has observed significant growth, this can be attributed to
the Number of telephone lines, internet service providers (ISP), number of internet
3 http://www.tcra.go.tz/images/documents/policies/Nationa%20ICT%20Policy%20of%202003.pdf
36
users and Broadcasting stations .Currently there are about 6 Mobile companies in the
country (Vodacom, Airtel, Tigo, TTCL, Zantel and Benson with a total mobile
subscription of 27,607,822 as of December 2013. 4
By 31st December 2007, there were about 8.5 million voice telephone subscribers.
This is an increase of about 47% from 2006. The mobile telecommunication was
leading the market by having more subscriptions (97%) as compared to fixed line
services (3%)As of 31st December 2013 there were about 27 million voice telephone
subscribers as opposed to 8.5 million in the year 2007. This shows significant
growth in mobile communication.
The National ICT policy was originated so as to formulate national framework that
will enable ICT to contribute towards attaining the country development goals and to
transform the National into knowledge based society through application of ICT.The
policy promotes investments in ICT, support competitive development and
production of ICT products and services Promotes, boost the relationships between
producers and manufacturers of Information and Communications Technologies
resources.However this policy does not explain more how to deal with end of life
management of the ICT equipment including mobile phones. The mobile cellular
phone is regulated under this sector however the mobile phone asgoods is not
regulated in this sector even though it is connected with the services under this
sector. In this regards proper E-waste management could guide to the best interaction
with manufacturers and designers of ICT equipment.
4 TCRA Statistic on http://www.tcra.go.tz/index.php/quarterly-telecommunications-statistics
37
2.3.2 E-Waste and Environmental related Legislation
The E –Waste and Environmental related Legislation include the following:
2.3.2.1 The Electronics and Postal Communications Act Cap. 306 on e-waste
Management
This Act was enacted with the main goal of keeping abreast with the developments
in the ICT industry. Part four (g), segment 90 insist all Network Service Licensees to
blacklist damaged mobile phones. On the other hand, the Act does not say anything
on how to dispose of damaged mobile phones. Therefore it suffices to declare the
Act does not cater for proper e-waste management.
2.3.2.2 The Environmental Management Act (EMA-2004)
As discussed before that, Tanzania has no specific Electronic-waste management and
law. Though, management of e-waste is somewhat addressed in Chapter 191 of the
Environmental Management Act. The Environmental Management Act (EMA) No.
20 of 2004 is the core legislation for all environmental issues in the country. It was
passed by Tanzania National Assembly in 2004 and the President assented to the Act
earlier 2005 (The first draft of this Act was released in 2003, November and was
subject to consultation including more than 140 stakeholders from various sectors,
districts and regions).
EMA (2004) provides the legal and institutional framework for sustainable
management of the environment. It also provides principles for environmental
management, impact and risk assessments, prevention and control of pollution, waste
management, environmental quality standards, public participation, compliance and
enforcement. The Act provides a basis for the implementation of the National
38
Environment Policy (1997) and the implementation of international instruments on
environment including establishment of national offices and focal points for the
implementation of international agreements on environment.
The Act stipulates the role of the local government in management and control of
solid waste such as collection, segregation, storage, transportation, disposal and
treatment of solid waste from a range of different producers in both rural and urban
vicinity. The Act also includes provisions for handling hazardous
waste.Furthermore, the Act set up a national body known as Environmental
Regulatory Body (ERB) that manages Environmental at sectoral and district levels.
The main objective of the body is to screen all environmental projects as well as to
assess the environmental impact assessments.
Under this Act, the local authorities normally used to be the main executive agencies
of environmental policies and regulations. Actually local authorities are requested to
work with community-based organizations (CBOs) and Non-Government
Organizations (NGOs) which are coordinated and synchronized by the office of Vice
President. However Local government is always weak and lack synchronization with
central government. In the country, Local authorities and related associations
connected with environmental management sectors normally do not have enough
resources as well as environmental funds and experts.
However in the 2009 Environmental Management Regulations (Solid Waste) as will
be explained in the next section elaborated further on the requirements of the Act
39
relating to management of solid waste whereas the 2009 Environmental
Management Regulations (Hazardous Waste Control) explains on the condition
pertaining to management of hazardous waste.
2.3.2.3 Environmental Management (Hazardous Waste Control), 2009
Environmental Management (Hazardous Waste Control), 2009, elaborates on the
provisions related to hazardous waste management. It applies to all categories of
Hazardous waste, how they are generated, transportation and storage as well as
disposal mechanism. For instance, under solid waste management, the
Environmental (Solid Waste Management) regulations of 2009 prohibits any person
to deposit certain solid waste such as electrical and electronic waste unless the
receptacle has been approved in accordance with the Environmental Management
(Hazardous Waste Control) regulations,2009.
The legislation defines and provides definition to the following
terminologiesHazardous waste is defined as “any solid, liquid, gaseous or sludge
waste which by reason of its chemical reactivity, environmental or human
hazardousness, its infectiousness, toxicity, explosiveness and corrosiveness is
harmful to human health, life or environment”. Waste management means “the
collection, transport deposit, interim storage, transport, treatment and final disposal
of waste”Waste disposal site means “a site, used to dispose of or treat waste and
includes a mobile or immobile waste treatment plant, waste storage or transfer
facility”. The definition of hazardous waste impliedly and by inference includes
electrical and electronic waste. For the administration and institutional arrangement,
40
regulation 7 gives the Minister the duty to provide policy direction and leadership in
all matters pertaining to hazardous waste management under the Environmental
Management Act, Cap. 191. The Minister will be assisted by the Director of
Environment in carrying out his functions.
Regulation 8 provides for the functions of the Director of Environment, which
among others include developing guidelines for handling hazardous wastes, develop
effective communication between the stakeholders in hazardous waste management,
and ensure that hazardous waste management is designed to derive maximum benefit
at minimum cost.Regulation 11 recognizes the classification of hazardous waste
according to the Basel Convention on the control of trans-boundary movement of
hazardous waste and their disposal, 1989 and the Bamako convention on the ban of
import into Africa and the control of trans-boundary movement and management of
hazardous waste within Africa.
Further, the Regulations provides for packaging of wastes in the UN approved
container and labeling them to identify the hazardous waste (Regulation 12 and 13).
Regulation 35 of Part VIII deals specifically with electrical and electronic waste. It
imposes obligation to every person possessing or having control of electrical or
electronic accessories or equipment to separate the same from other types of wastes
and deposit them separately into receptacles prescribed by local government. The
obligation to segregate e-waste applies to collection, transportation and final disposal
of e-waste from equipment and devices is listed in the Eighth Schedule of the
Regulations. EEE categories listed in the 8th Schedule of the Regulations include
large household appliances; small household appliances; IT and Telecommunication
41
equipment; consumer equipment; lighting equipment; electrical and electronic tools;
Toys, sports and leisure equipment; medical products; monitoring and control
instruments; and automatic dispensers.
Regulation 37 (1) allows manufacturers or dealers of e-Waste to set-up and operate
individually or collectively voluntary take-back systems for electrical and electronic
waste from customers (households or institutions) provided that no fee is chargeable
for that service while regulation 39 elaborates the role of the local government
authorities in ensuring safe handling of electrical and electronic waste so as to
minimize risks to human health and the environment.
2.3.3 Institutional Framework in Tanzania
The institution Framework in Tanzania include the following:
2.3.3.1 Vice President’s Office- Environment Division
The office of Vice President of united republic of Tanzania is the main controller of
all environment issues within the country. The environmental division known as
DOE (The Division of Environment) is accountable for all policy related to
environmental planning, communication, environmental legislation, monitoring,
support, execution and worldwide cooperation. This office is as well the country
central point for multilateral environmental agreements including the Bamako
Convention and Basel Convention as well.
2.3.3.2 Local Government Authorities
The Local Government Authorities have been granted powers under section 139 of
Environmental Management Act (EMA) of 2004 to ensure that various categories of
42
wastes in solid, liquid or gaseous forms are prevented or minimized in their areas
jurisdiction. However it is not clearly mention on how to manage electronic waste.
That’s being the case solid and electronic wastes are usually combined together.
2.3.3.3 Occupational Safety and Health Authority (OSHA)
The Occupational Safety and Health Authority, established under the Occupational
Safety and Health Act, 2003 is responsible for controlling and monitoring the
occupational safety and health at workplaces including safe use and handling of
hazardous waste.
2.3.3.4 Ministry of Industry, Trade and Marketing (MITM)
The Ministry of industry, trade and marketing is mainly responsible for issuing and
controlling license for establishment of businesses and new industries. That being
the case, all dealers including electrical and electronic Equipment dealers must be
registered and issued licenses of their businesses through Business Registration and
licensing agency (BRELA) the Authority under the ministry of Industry, Trade and
Marketing. BRELA ensures that businesses operate in accordance with the laid down
regulations and sound commercial principles, It manages and controls companies
and business names, laws, regulates business by administering business and
industrial licensing laws, controlling intellectual property laws, encouraging and
facilitating local and foreign business investment.
2.3.3.5 Regulatory Management Framework on e-Waste
43
Atomic Energy Commission Act
Occupation Safety and Health Authority Act
Fair Competition Commission Act
E-Waste Regulatory Management in Tanzania
Water Resources Management Act
National Environmental Management Act
Tanzania Food, Drug and Cosmetics Act
Merchandise Act
The Environmental (Hazardous Waste Management) Act
Tanzania Bureau of Standards
The Environmental (Solid Waste Management) Act
Local Government Authorities Act (Urban and Districts)
The e-waste regulatory framework in Tanzania can be summarized as below figure.5
Figure 2.1: Graphical Presentation of e-Waste Regulatory Framework.
The above figure presents also the main structure of regulatory bodies on e-waste
management with Tanzania Communication Regulatory Authority (TCRA) and
Business Licensing and Registration Agency (BRELA) not seen in the presentation,
probably because of their formulation that doesn’t directly deals with waste related
regulations on the day to day bases.
2.3.4 Judicial and Legal Considerations 5 Source: : http://www.mindmeister.com/157441663/regulations-related-to-e-waste-management-in-tanzania
44
In 1984, the Constitution of the United Republic of Tanzania was amended to
provide for the Bill of Rights. Article 14 of the Bill of Rights stipulates that every
person has a right to life and to the protection of life by society. The High Court in a
landmark ruling in the case of Festo Balegele vs Dar es Salaam City Council6
interpreted this article to mean that persons are entitled to a healthy environment,
and held that the City’s decision to locate the garbage dump near residential areas
violated the plaintiffs’ constitutional rights to a healthy environment.
Other case also involves Felix Joseph Mavika vs Dar es Salaam City
Commission, Civil Case No. 316 of 2002, High Court of Tanzania in Dar es Salaam.
In this case, the plaintiffs instituted a main case claiming remedies from the
defendants. They also applied for an interim order to restrain the respondents from
dumping solid and liquid wastes in the Vingunguti area (Dar es Salaam) to prevent
pollution of the environment as well as to stop the endangering the lives of the
plaintiffs and their families and other residents.
Furthermore, Article 9 of the Constitution requires the Government to ensure that
national resources are harnessed, preserved, and applied toward the common good.
Although this Article is part of the non-judicial‘Fundamental objective and directive
principles of the state policy’ provisions of the Constitution, it portrays the
commitment of the Government to ensure sustainable development.
Under the Constitution of the United Republic of Tanzania of 1977, policies and
laws respecting natural resource management, are established and implemented by
6Festo Balegele v Dar es Salaam City Council, Misc. Civil Case No. 90 of 1991, High Court of Tanzania, Dar es Salaam
45
the central government. The Parliament has exercised its constitutional authority to
make laws concerning resources and the environment, but, as will be discussed later,
local governments have been delegated specific powers of implementation and
enforcement that differ depending on the particular resources and laws involved.
Zanzibar, although a part of Tanzania, has a unique legal status. According to Article
2(1) of the Constitution, the territory of the United Republic consists of the whole
area of mainland Tanzania and the whole of the area of Tanzanian Zanzibar, and
includes the territorial waters. Mainland Tanzanian law (the Fisheries Act of 1970)
does not cover the territorial waters of Zanzibar, and Zanzibar has its own fisheries
legislation.
2.4 Conclusion
Lack of consistent data on existing dealers of IT and electronic equipment from the
governmental power authorities, Lack of reliable data on e-waste creation from
different stakeholders in the country, absence of appropriate e-waste recycling, lack
of proper disposal mechanisms for dangerous and hazardous wastes, Lack of proper
e-waste collection and recycling infrastructure, weak implementation on policy and
legislation, lack of e-waste awareness and its potential risks to human health and the
environment at large as well as the e-waste illegal dumping like burying and burning
are among weaknesses of the current status of e-waste in the country.
46
CHAPTER THREE
3.0 INTERNATIONAL & REGIONAL REGULATORY FRAMEWORKS
ON E-WASTE MANAGEMENT
Tanzania is part to a number of international and regional convention or agreements
related to Environmental management issues. Two among the most International
conventions to which the United Republic of Tanzania is a part are the Basel
Convention on Control of Trans-Boundary Movement of Hazardous Wastes and
their disposal and the Bamako Convention as well on Ban of the Import into Africa
and Control of Trans boundary management and movement of Hazardous wastes
within Africa.7
However in the next section, the Researcher tried to explain how International
Environmental Law is made, how it has evolved and practiced over time to solve
environmental problems globally and its sources as well.
3.1 International Environmental Law
Environmental management law is actually a field of continuing study and still in a
formative stage but undergoing a process of rapid development and response in an
effective manner. This is caused by huge raise of hazardous components challenges
in the environmental management perspectives and the law. One part of increasing
importance but fairly slightly explored in legal resolution is the law concerning
sustainable and conservation of environmental management particularly on
Electronic waste management. Another controversial issue is the global trade in
7 TCRA report 2011-2012
47
hazardous substances/waste together with e-waste resulting damage to both the
human being health and environmental at large. Various legislations were formed
around the world which tries to control the movement and management of dangerous
electronic components from one continent to another as will be outlined below.
According to (Birnie & Boyle) it is of paramount to note that international
environmental law does not exist as a separate entity but is a part of well-established
rules, principles, and processes of general international law geared towards the
resolution of international environmental problems and disputes.8 To understand
better on International Environmental management and its law, it is good to have the
historical background and sources of these law making processes.
3.2 Sources of International Environmental Law
Article 38(1) of the Statute of the International Court of Justice is generally
recognized as a definitive statement of the sources of international law. It involve the
Court to relay, along with other things, (a) international conventions "expressly
recognized by the contesting states", and (b) "international custom, as evidence of a
general practice accepted as law" This section provides essence and background of
International Environmental law, how international laws are created, who are
subjects of international law and how international law has evolved over time. The
sources have been divided into two parts, one part known as hard law or Traditional
Sources and second part of sources of International law is referred to as Soft Law or
Non-Traditional sources.
8 P.W. Birnie & A.E. Boyle: International law and the environment (2001).
48
3.2.1 Hard Law (Traditional) of International Sources
The International Court of Justice is the principle judiciary organ of the United
Nations which consists of fifteen independent Judges elected regardless of their
nationality for terms of office of nine year by United General assembly and the
Security Council, it assisted by a Registry, its administrative organ as well.9
According to International Court of Justice (ICJ), article 38(1) describes four type of
hard law (Treat, Custom, General principles of laws, Judiciary decisions as well as
Teaching of Publicity) that the Court should apply to a specific case presented to it.
The first three sources are referred to as primary sources (Create legal obligations for
Nations that have implicitly or explicitly) whereas the last two are referred to as
secondary sources which do not create binding obligations for Nations.10
3.2.1.1 Treat
Whenever an international dispute is decided, its first application of the law is to find
a treaty application on the issue and hence the decision will be based on the presence
of a treat on particular issue.Treaties have been one of the main and most frequent
methods of creating binding international rules relating to the environment because
States’ consent to be bound by those rules is clearly expressed.Between 19th and
20th Centuries before establishment of ICJ and UN, many treaties and conventions
played a great role in the development of International law. Vienna Convention on
9 International Court of Justice available online at http://www.icj-cij.org/court/index.php?p1=1&PHPSESSID=848f1aa579205ea55b3f81802840abf8 (Accessed on 8th of March 2014)10 Sources of International Law: In the Light of the Article 38 of International Court of Justice by Shagufta Omar online available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1877123 (Accessed on 11of March 2014)
49
the Law of Treaty 1969, the codified law for contracting treaties, Article 2.1(a) gives
the definition, “A treaty is an agreement whereby two or more states establish or
seek to establish a relationship between them governed by international law.
More treaties are much like contracts, creating legal obligations only for parties
involved in the negotiations.
3.2.1.2 Custom
According to Birnie & Boyle, Customary law can be illustrated as a general practice
that is accepted under the belief that it is mandatory required by law. Indicated in
Article 38 1(b) of ICJ is the oldest and original source of International law as well as
law in general.Judicial application of international custom is explained in different
cases under ICJ rulings. Asylum case (Columbia v Peru), In this case the ICJ
recognized that the capacity of Article 38 of the Statute of the ICJ encompasses bi-
lateral and regional international customary norms as well as general customary
norms, in much the same way as it encompasses bilateral and multilateral treaties
and the Court also clarified that for custom to be definitively proven, it must be
continuously and uniformly executed.11
Another example is the Legality of the Threat or Use of Nuclear Weapons case in
which the ICJ revealed that no rule can be created on opinion juris without state
practice.(8 July 1996). Even though an international court in the first instance is
bound to consider an applicable treaty provisions, in case of doubt, it is interpreted
against the customary rule. In case of any conflict of a treaty provision with a jus
cogen, it will prevail over the treaty.
11 http://en.wikipedia.org/wiki/Asylum_Case_%28Colombia_v._Peru%29
50
3.2.1.3 General Principles of Laws
This law is also recognized by ICJ Statute under Article 38 1 (c) and common to all
National legal systems. These principles are potentially valid to all associate
members of the international community and to the choice of activities that such
members carry out or authorize in respect to all aspects of environmental law.There
are two types of approaches in this aspect, one is frequently useful to municipal legal
systems of most nations providing those principles are valid to relations of most
States. Second approach refers to principles recognized by international law itself,
like the prevention on the non-use of force.
3.2.2 Soft Law (Non-Traditional Sources)
This type of law is the modernization in international legislative, expressed as a
flexible procedure for Nations to extend and create compromise in the region of legal
perspective before they become binding upon the international community.Soft law
on the other hand is not regarded as law however it plays a great role as it provides
proper guiding principles and objectives that contributes and improves customary
international law. Additionally soft law influences and manages interpretation of
international law. Directives, declaration, and resolutions are examples of soft law.
3.3 International Initiatives on E-waste Management
Subsequent to these, different regional conventions have been signed to regulate
dangerous waste movements. Complementing international and regional
conventions, international organizations also have an important role to play, for
instance, in monitoring the transport of toxic substances and running programmes to
reduce the ill effects of e-waste on human health and the environment.
51
3.3.1 Multi-Lateral Environmental Agreements
3.3.1.1 The Basel Convention
The Basel Convention as one of the International legal regime relating to
Transboundary movement of hazardous waste refers to any translocation of
hazardous wastes from one nation to another. Transboundary movement of
hazardous waste especially uncontrolled incidents of dumping waste from developed
to developing countries has been an issue of global concern that stirred a great deal
controversy of activism. Hazardous waste means any substance representing a threat
to human health or biophysical environment due to its nature and these waste should
not be released into environmental or put down the sewer or disposed in an ordinary
land fill. The Trans-boundary movements of hazardous and other waste at
international level are now regulated through regional or global treaties, each of
which establishes different rules.
In 1989, United Nations Environmental Programme (UNEP) forged an agreement
between nations from developed and developing countries on the control of
hazardous waste including electronic waste and their disposal. In its preamble the
parties to Basel conventional acknowledges consciousness of the threat of damage to
human being health caused by hazardous waste and other waste and Transboundary
movements thereof, and also parties are convinced that state should take necessary
measures to ensure hazardous wastes are well controlled.
The key objectives of the convention were to minimize the generation of waste at
source, Controlling and reducing Transboundary movements, Providing the
environmentally sound management of wastes, pollution prevention and protection
52
of environmental throughout the process, impose a limit on export only to those
states lacking technical self-sufficient and dispose their wastes with environmental
sound management and duty of export state to take back wastes to the state if
disposal cannot be completed with environmental sound management.
The developing nations requested and argued for a complete ban of trade on
hazardous waste but their request was not granted. Instead they managed to insert a
number of strict provisions such as prior consent in writing requirement and the right
of the party to prohibit the import of any waste into his state.The developing
countries sought a complete ban on the trade of hazardous waste because most of
countries including Tanzania lack adequate policy and legislation on waste
management especially on e-waste.
In general the views and demands of the developing countries on ban were not taken
into consideration, which made most of the developing countries dissatisfied with
agreement. This convention mainly reflected an economic rationale and represented
the position of developed countries rather than developing countries.
3.3.1.2 Mobile Phone Partnership Initiative(MPPI)-2002
Many factors contributed to the selection of mobile phones as the focus of the first
partnership. Most important among them are rapidly rising waste generation rates for
these products, which have become a global concern. Mobile phones are generally
used for a very short time before being replaced.The use of mobile handsets has full-
grown exponentially from the initial small number of users in the period of 1970s,
to 1.76 billion in 2004, over 3 billion in 2008, and expected to reach 7.3 billion by
53
this year (2014) compared with the global population of 7.0 billion.12
The Mobile Phone Partnership Initiative (MPPI) launched in December 2002, during
the sixth summit of the Conference of the Parties to the Basel Convention set up
effective group including professionals and Signatories concerned on the
environmentally sound management of cell phones end-of-life together with
delegates of mobile phone producers and the Basel Convention Secretariat.
The overall aim of the Mobile Phone Partnership was to support the goals for Basel
Convention particularly in e-waste management on the mobile phones end of life.
The major factor why mobile phones were mainly focused in this first partnership
was because they are rapidly rising e-waste generations and become a worldwide
concern.The MPPI strongly emphasizes on the achievement of better product
stewardship, mobilizing institutional and political support to produce a better
environmental sound management, promote the best material recovery methods,
refurbishing, recycling and disposal mechanisms as well as influence customer
manners toward more environmentally friendly measures.The MPPI is probable a
model for prospect future partnerships between the electronic industry and Basel
Convention.
3.3.1.3 The Waigani Convention
The Waigani Convention bans the importation of hazardous and radioactive waste
and controls the Transboundary movements and management of hazardous waste
12Mobile Phone Partnership Initiative (MPPI) available online at http://www.basel.int/Implementation/PartnershipProgramme/MPPI/Overview/tabid/3268/Default.aspx (Accessed on 16/03/2014
54
within the South Pacific region.13 The convention was signed in September 1995 and
come into force in October 2001.
The main outcome of the Convention is to prohibit the importation of all hazardous
and radioactive wastes into South Pacific Forum Island Countries and also enables
Australia to receive hazardous wastes exported from South Pacific Forum Island
countries which are not Parties to the Basel convention.14 24 nations in the coverage
area of the Convention were involved.Electronic and electrical waste is incorporated
in Annex A of the Convention which lists hazardous waste, additionally, Annex A
consists of waste having constituents such as cadmium and lead components.
3.3.2 European Union
Knowing the importance of the E-waste management especially in the developing
Nations, Tanzania being the one, the ITU set up a question 24 under ITU-D Study
Group 1 to be covered within the study period of 4 years so as to come up with
policy guidelines to member countries on e-waste management. The statement of the
problem is as follows:
“The growth of Information and communication Technology, particularly in
developing countries has been exponential recently. For example, between 2002 and
2007, the mobile phone in the Americas province raise from 19 to 70 terminals per
100 inhabitants, globally, the share of mobile phone subscriptions in developing
countries, increased by 20 percentage points, from 44% to 64% over the same period
13http://www.environment.gov.au/topics/environment-protection/hazardous-waste/conventions14http://www.environment.gov.au/topics/environment-protection/hazardous-waste/conventions
55
of time15. The growth of electronic and electrical devices including their peripherals,
together with continuous updating of technology, has resulted in to the creation of a
non-negligible growth of Information and communication waste. It is anticipated that
each year between 20 and 50 million tons of telecommunications/ ICT waste are
produced worldwide. However, recycling and disposal of electronic-waste is
generally found at low levels, creating more difficult and complicated to find proper
statistics at regional level. Not proper disposal of e-waste could results to
environmental problems at a large scale in developing and developed countries as
well.
Resolving the problem of e-waste is a global initiative, made to formulate proper
resolution so as to deal with the issues linked with Waste Electrical and Electronic
Equipment (WEEE). It is as well support different stakeholders related to
management of e-waste.
3.3.2.1 (WEEE)-The Waste Electrical and Electronic Equipment Directive
Before endorsement of WEEE Directive, a lot of European Union members had their
own regulations on management of e-waste. For example in Germany where local
authorities were responsible in collection of waste and manufacturers were
accountable for proper disposal and treatment. In Italy, the government prepared
collection points to enable consumers drop off their e-waste. In Sweden it allowed its
citizen to return back e-waste to municipal or retailers’ collection centers before
being recycled by the concerned makers.
15 http://www.itu.int/net3/ITU-D/doc/rgq/D10-RGQ24.1-en.html
56
In general various EU members haddifferent limitations on hazardous components in
electrical and electronic components. Due to different application of the producer
responsibility national wise, it was difficult to control the internal market and hence
affect the efficiency of e-waste management policies. That being the case, the WEEE
directives were introduced and set down standard rules at the European Union
community. Generally the WEEE of the EU parliament and that of the council
(2002/96/EC) came into force in January 2003.
The main objective of the legislation is mainly to prevent e-waste generation, it
promotes reuse, recovery and recycling of electronic waste in order reduce or to
eliminate the amount of waste for disposal. It also looks for environmental
performance improvement of all operators implicated in the life span of electronic
devices especially to those operators directly engaged in e-waste treatment.The
directives includes separate collection of e-waste, and the use of best available
treatment, recovery and recycling techniques, and makes producers responsible for
financing the take-back and management of e-waste.
Annex IA of the WEEE directive lists down ten classes of electrical and electronic
equipment however inmy research will concentrate on class 3 which deals with IT
and telecommunications equipment.The criteria of WEEE directive is based on the
principle of producer responsibility. As defined in article 3, Producer means
manufacturers, sellers, resellers, importers, and exporters.
57
3.3.2.2 Directive 2011/65/EU on the Restriction of the Use of Certain Hazardous
Substances in Electrical and Electronic Equipment (The RoHS Directive)
The main objective of this directive is to restrict the use of hazardous substances in
electrical and electronic devices and assist the contribution of human health
protection, proper disposal mechanism of e-waste as well as environmentally sound
recovery. The substances covered by this Directive are scientifically well
investigated and have been area under discussion to various measures at
International and national level as well as supplements the general union waste
management legislation such as directive 2008/98/EC and regulation No 1907/2006.
Its scope is almost similar with WEEE directive. Most components included in
WEEE directive are also covered by this particular directive however with no
prejudice to article 4(3) and article 4(4) Member States shall provide that EEE that
was outside the scope of Directive 2002/95/EC, but which would not comply with
this Directive may nevertheless continue to be made available on the market until 22
July 2019 (Article 2(2)).Directive 2011/65/EU however does not apply to
equipment which is necessary for the protection of the essential interests of the
security of Member States, including arms, munitions and war material intended for
specifically military purposes (Article2 (4a), equipment designed for space, large
scale stationary fixed installations and industrial tools, active implantable medical
devices (Article2(4b-f)).
The European Council admitted that even if e-waste were collected, separated and
recycled, some hazardous components might probably create threat to health or the
environment. Therefore, the best efficient means to cut those threats and assist to
58
human health protection, environmentally protection and disposal of WEEE is the
restriction on the use of certain hazardous substances and the substitution of those
substances in electrical and electronic equipment by safer materials.
However these directives have big impacts on other countries worldwide to
implement the same legislation. Since both RoHS and WEEE directives apply to all
products put on the European market and their producers regardless of the products
origin and selling technique. As a result all manufacturers hoping to advertise their
goods in this marketplace have to obey with both directives requirements. This
makes producers to develop new product lines by formulate a change of plan and
adopt new technologies to eliminate the prohibited substances with other substances.
3.3.3 Africa Initiatives on E-Waste Management
Over the years, the African countries have become a place of dumping radioactive
and hazardous wastes from developed nations. This threat of ‘toxic colonialism’ is
noticeable to African countries and the rapid increase in technological and scientific
activities worldwide, especially in industrialized regions. In fact Africa provides
cheaper offer with few option of e-waste disposal. To protect Africa’s natural
environment lead to adopt Bamako Convention on Control of Transboundary
Movement, Ban of Import of hazardous materials and waste management inside
Africa.
The explanations below try to underscore the strengths of the Convention in
defending Africa’s environment from hazardous wastes importation. In addition it as
well point out the weakness of the Convention and at the same time extends ways in
59
which its execution can be reinforced. However there are other African Conventions
which will be as well discussed in this research that relates to management of
Electronic waste.
3.3.3.1 Bamako Convention
Prior to the acceptance of the Basel Convention, Countries from Africa under the
guidance of Organization of Africa Unity (OAU) agreed that Basel would not
effectively save Africa from Transboundary waste pollution. Due to corruption,
Political instability and poverty of many African countries the Organization of
Africa Unit (OAU) by then believed that members could be attracted with money to
legitimize and condone what would otherwise be environmentally unacceptable and
thereafter Africa would turn into a disposal ground for toxic wastes.
On 30th of January, 1991, The Bamako convention was adopted at the Pan-African
Conference on Environment and Sustainable Development in Africa by twelve
countries at Bamako, Mali aimed at the implementation and effective prohibition of
the import of toxic wastes to Africa and come into force in 1996.Impetus of the
convention arose after the dissatisfaction of the Basel convention to prohibit trade of
hazardous waste to less developed countries (LDCs), and from the realization that
many developed nations were exporting toxic wastes to Africa. This impression was
strengthened by several prominent cases. One important case, which occurred in
1897, concerned the importation into Nigeria of 18,000 barrels of hazardous waste
from Italian companies Ecomar and Jelly Wax, which had agreed to pay local farmer
Sunday Nana $100 per month for storage. The barrels, found in storage in the port of
60
Lagos, contained toxic waste including polychlorinated biphenyls, and their eventual
shipment back to Italy lead to protests closing three Italian ports.16
The Bamako Convention is by so far known as the strongest control measures on
wastes ever passed.17 It banned all Non-African imports of nuclear hazardous waste
and regulated the intra-Africa trade.
3.3.3.1.1 Features of Bamako Convention
First the convention imposes strict and unlimited criminal liability on importers of
hazardous waste into Africa, including electronic waste and declares such import as
“criminal act”. It only allows trade of hazardous waste among members. Second, it
bans import of hazardous components, refused or canceled registration. Third,
Convention prohibits ocean dumping and ocean incineration as well as seabed and
sub-seabed disposal of wastes (Article 6(6)). Fourth, it imposes strict, unlimited,
joint and several liabilities on hazardous waste generators. Legal liability and
responsibility for generated hazardous waste should be under waste generators.
Fifth, it commits African countries to adopt and implement the preventive and
precautionary move toward pollution problems. The parties shall co-operate with
each in taking the appropriate measures to implement the precautionary principle to
pollution preventions through the application of clean production methods, rather
than the pursuit of a permissible emissions approach based on assimilative capacity
assumptions.18
16 Wikipedia.org/wiki/Bamako convention17 http://www.ejnet.org/rachel/rhwn257.htm18 http://www.ejnet.org/rachel/rhwn257.htm
61
3.3.3.1.2 Precautionary Principle
The Bamako Convention is the first legal document to embody the precautionary
principle on hazardous waste management, setting the stage for others to do the
same. The convention is based on assumption the chemicals are dangerous until
proven safe. This precautionary approach is very important in environmental law
because it helps to protect the environmental and human health in case of hazardous
waste. Since the exporter does not care for the health of importer without
precautionary principle we might find ourselves in trouble due to irreversible harm
that may be caused by hazardous waste to our environment and to human being.
3.3.3.1.3 Benefits and Drawbacks of Tanzania’s Acceding to Bamako
Convention
By acceding to Bamako Convention, Tanzania will have numerous benefits and it
will perform its constitutional duty towards its people as well. One of the benefits is
Tanzania will perform its constitutional responsibility to protect its people from the
very harmful impacts of other people’s hazardous waste.
Second, it complies with the important principle of International law which requires
taking parts into consideration the needs for future generation in any development by
protecting the biodiversity. The hazardous waste dumped indiscriminately has
immediate impact on the surrounding environment containing the soil, killing
vegetation, polluting the ground water and sometimes hazardous waste spill over
into rivers and marine system hence contaminating marine resources.
62
Third, by being a party to Bamako Convention the biodiversity will be conserved
and protected from hazardous waste to great extent. Normally hazardous wastes
which sometimes are toxic have adverse impacts on the environmental and its
impacts are known when it is too late.
The impact of hazardous waste in Tanzania is dangerous to human being and the
environment. The bad thing is that the country will pay the highest cost in terms of
negative impacts on human health and well-being for such hazardous schemes. Loss
of economic opportunities or foreign currency is one of the major drawbacks to
Tanzania that are likely to be felt. For all long Tanzania has been reluctant to accede
Bamako convention because it considered the International trade in hazardous waste
with developed countries as a good source of income.
Another problem is that trade in hazardous waste with the developing countries,
won’t be as profitable as it was with the developed countries. The developed
countries find it necessary to dispose the hazardous waste to the developing
countries, however in most of the developing countries people are thinking on how
to meet their basic needs. To them, to pay money for disposal of waste to another
country it will be an unaffordable luxury. It is therefore an undisputable fact that
Tanzania is going to lose financial gains by acceding the Bamako Convention
because it bans International trade in Hazardous waste.
Other limitation of Bamako Convention is the Deficit of Waste Management
Technologies, although the Convention set down strict procedures on Transboundary
movement of wastes among its member, it fails to make specific provisions on
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developing requisite waste management technologies to at least, minimize such
activity within Africa.
It is important at this juncture to weigh the benefits and drawbacks of Tanzania
acceding to Bamako convention. The benefits accrued from hazardous waste are
short time benefits which are directed to the few but the trade has long term impact
to the biodiversity and human being’s health. African countries can be a model under
hazardous waste regime for being forefront to fight against the injustices under this
regime. The Bamako Convention has been followed by many other states who were
also not satisfied with Basel Convention. It is goodTanzania has joined the move.
3.3.3.2 The Durban Declaration
The main issues related to an improvement of the current e-waste management
practices encountered on the African continent and elsewhere were synthesized in
the "Durban Declaration on e-Waste Management in Africa" during the
WasteCon2008 in Durban, South Africa.19The Durban declaration calls for platform
establishment on e-waste debate in collaboration with recognized African network
bodies and international organizations. It insists countries to review current
legislation to improve compliance with current legislation and revise the present
legislation on e-waste management regulation.
It was agreed that every nation requires its own process to define its specific
roadmap, however general recommendations were suggested such as Improving
Cooperation among stakeholders, establishing an institutional framework, Creating
awareness at all levels of governance & General public, Support markets, Collection
19http://www.itu.int/dms_pub/itu-t/oth/06/0F/T060F00601700404PDFE.pdf
64
and management of data, Development of a legal framework, developing a qualified
and efficient e-waste recycling sector.This makes various countries in Africa to be
more attentive on e-waste management and hence draw up strong legislations and
policies on e-waste management. However, policies regarding regulation of
importation on electronic goods and burning practices until now have not been
enforced properly.
3.3.3.3 The Libreville Declaration on Health and Environmental (2008)
African Nations are encouraged to improve environmental conditions so as to protect
human health and environmental at large. However, in order to deal with the
challenges from environmental management perspective, there was a call for
improved consciousness between ministries of health and environment of the
common significance and advantages of each other’s strategies, programmes and
policies.
From 26–29 August 2008, in an attempt to improve these relationships, the United
Nations Environment Programme (UNEP) and the World Health Organization
(WHO) in joint venture with the Republic of Gabon, arranged the first-ever
conference of ministers for Health and Environment in Libreville, Gabon where by
52 African Nations agreed to the Declaration on Health and Environment in Africa.
The main aim of the conference was to speed up policy, institutional and investment
changes in order to reduce environmental threats to human being health, in support
of sustainable development.
The specific objectives was first to demonstrate the importance of recognizing the
connection between the environment and human health, secondly to promote and
65
support a proper policy-formation on human health and environment management
and third to agree on particular procedures that are necessary required to influence
the proposed changes in institutional preparations so as to address environmental
threat in human wellbeing.
The Libreville Declaration on Health and Environment is a policy declaration
presenting a consistent framework that addresses health and environment linkages. It
emphasizes more on the need of further research and policies so as to magnify more
understanding of the liability of human being to environmental risk factors,
particularly in Africa. Risk factors recognized in relation to e-waste are chemicals,
poor waste management practices and new toxic substances (WHO Regional Office
for Africa, 2009).
3.3.4 East Africa’s Experience on E-Waste Management
3.3.4.1 Nairobi Declaration on Environmentally Sound Management of
Electrical and Electronic Waste (2006)
The Nairobi Declaration on the Environmentally Sound Management of Electrical
and Electronic Waste adopted by the ninth meeting of the Conference of the Parties
to the Basel Convention on the control of Transboundary movement of Hazardous
Wastes and their disposal gave a mandate to the Secretariat to implement a work
plan for the environmentally sound management of e-waste. The conference held at
Nairobi from 27 November –December 2006. The work plan includes arrangement
of guiding principles on Transboundary movements of e-waste especially between e-
waste and non e-waste. Tanzania was among the countries that attended the
conference.
66
3.4 Conclusion
Theresearch study reveals the impact of the environmental management and
Transboundary movement of hazardous electronic wastes to the weak developing
Nations, Tanzania being one of them. Thecore objective is to emphasize the need for
urgent action in reducing this threat to human being and environmental as well. The
linking of the outstandingrise in waste generation and dumping in developing
countries with environmental protection and human rights in this research study is
thus an acknowledgement that ban of Transboundary movement of hazardous waste
alone will not be successful without effective multimodal approaches.
Therefore a range of various engagements areimportant at National, Regional and
International levels, fastened on rights-based approaches as the basis for action. Such
an understanding for new approaches needs a new focus on governance,
responsibility and accountability within developing Nations. The civil society should
be strengthened within and across borders, empoweringlocal and National
organizations to perform their role in all issuesassociated with environmental
governance andencourage the use and provision of resources more efficiently.
The primarybasis of this research studysection is to enable the connection between
poverty, development andTransboundary movement of hazardous electronic wastes
to the weak developing Nations are well addressed and hence deliver a common
foundation under International and Regional regulation/law for all upcoming issues
related to E-waste and Environmental management in developing Nations.
67
CHAPTER FOUR
4.0 DATA ANALYSIS, RESULTS AND FINDINGS
4.1 Introduction
Considering limited time for the study and the fact that there are still a number of
gaps in the available data to facilitate a country wide E-waste assessment, field study
standard form of questionnaires were developed for in depth surveys and distributed
to various stakeholders including representative from telecommunications industries,
banks, government institutions, Research institutions, Households (door to door
interviews). For the sake of this research, the sample size was one hundred and
twenty (120) and out of 120 distributed questionnaires, 111 responded well.
The survey was conducted through electronic media and by face to face interviews in
all three districts of Dar es Salaam (Kinondoni, Ilala and Temeke).
Figure 4.1: layout of Tanzania Map and Research area (Dar es Salaam City)
68
The standard form of questionnaire aimed to obtain primary data/information on
challenges of E-waste management from regulatory framework perspective with
focus on mobile phone related wastes. A standard form of questionnaire is shown in
Annex 1.
4.2 Situations on Current Policies, Regulations and Institutional Framework
On e-Waste Management and Propose Remedies of the Identified gaps
The following table shows the current situation on Policies, Regulations and
Institutional Framework in Tanzania.
Figure 4.2:Current Policies, Regulations and Institutions Framework
Key
PC: Mobile phone operators
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TBS: Tanzania Bureau of Standards
TCRA: Tanzania Communication Regulatory Authority
NEMC: National Environmental Management Council
TRA: Tanzania Revenue Authority
TAEC: Tanzania Atomic Energy Commission
OSHA: Occupational Safety and Health Authority
DCC: Dar es Salaam City Council
COSTECH: Commission for Science and Technology
On average 81% of the respondents were not aware of the current policies,
regulations and institutional framework on e-waste management. Of these, 91%
responded of not being aware of any guiding document used by National
Environmental Management Council (NEMC) on e-waste management. The sectoral
responses on the poor regulatory framework is as presented in Figure 4.2 above; out
of 19% who responded of being aware of the current policies, regulations and
institutional framework on e-waste management, 58% of them were aware of
guideline that have been put in place by Tanzania Bureau of Standards (TBS) to
control imports of substandard or fake electronic goods into Tanzania though not
directly mentioning the e-waste producing items/goods. Pieter Mataheroe (2009) in
his research titled e-waste management in Tanzania:
Identifying obstacles and opportunities found that Lack of awareness on the e-waste
regulatory framework was among the issue respondents scored poorly during the
research study in Tanzania. With exception of mobile phone operators who are
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privately operating institutions the rest of the agencies presented in Figure 4.2 are
sectoral government agencies hence weak regulatory framework on e-waste is
indirectly sounds louder from government capacity for enforcement point of view
and the way it contributes to e-waste management problems as well as its multiplier
effects to the environment and community at large (Sinha, Mahesh, Donders& Van
Breusegem, 2011).
The missing of e-waste regulation in the Tanzania current Regulatory Framework as
the study research reveals correlates with that of Mercy Wanjau (2011) whose
presentation on the title “e-waste and recycling; whose responsibility is it?, argues
that inadequate or non-existence of e-waste legislation together is key to growing of
e-waste problems.
4.3. Contractual Relationship between Users, Manufacturers and Mobile
Operators.
The below table analyze some provisions that set down Contractual Relationship
between Users, Manufacturers and Mobile Operators in Tanzania.
71
Figure 4.3:Regulatory Framework Provisions on PPP and EPR
Key:
ET: General provision on e-waste
PPP: Polluter Pays Principle
ETM: Environmental Tax on Mobile Phone
ETeWP: Environmental Tax on e-Waste Producer
TRA: Tanzania Revenue Authority
TAEC: Tanzania Atomic Energy commission
GR: General Response on Current Provision Across Regulatory Framework
In Figure 4.3 above in the sector responses, the study results shows lack of existing
e-waste management regulations, similar findings were presented by Streicher-
porte et al (2005) who argued that “most developing countries lack e-waste
regulations”. Though Section 29 and Section 30 of part II of EPOCA 2010 (The
Electronic and Postal Communications Act) gives guidance on infrastructure
sharing, nothing in this communication legal document is being specifically
addressing mobile phone e-waste management to either communication services
providers or industry’s goods manufacturers.
Extended producers responsibilities and or polluter pays principle or extended
producer responsibility are the main approach used in bringing producer into action
on waste management and all other environmental sustainability challenges that
emerge as a result of consuming his/her products; section 7 (d) of part of EMA
Cap.191 of 2004 requires payment in full social and environmental costs of
72
avoiding, mitigating and or remedying all adverse effects causing by his/her business
activities. In the current regulatory framework no any section is addressing the two
management tools hence practicality of this remain null, this is evidenced by study
result that found only 24 percent of the respondents being aware of the producers’
responsibility on waste generation; out of those who were not aware, 89 percent
responded of not being aware of any provision in the current regulatory framework
that provide any e-waste management responsibilities to the manufacturer of goods
and services.
4.4. Evaluation of the Roles of ICT Regulatory Agencies in E-Waste
Management.
The below Table evaluate and analyze the Roles of ICT Regulatory Agencies
in E-Waste Management.
Figure 4.4: The Roles of ICT Regulatory Agencies in e-Waste Management
73
Key:
eW General E-waste knowledge in ICT business chain
eICT E-waste as a result of ICT technology
eCh E-waste as an environmental challenges
eJDs Regulator’s community e-waste management initiative
eTCRA Regulator’s industry initiative on e-waste
eNEMC TCRA standards of checking imported mobile phone
eCSR Readiness of TCRA to joint initiative on e-waste management
From the study results 43 percent are aware of the role of ICT regulator on e-waste
management while 57 percent were not. This average response shows that a large
section of the community is not informed on roles of the regulator on the growing
problem of e-waste in the country. In the regulatory framework in Kenya a clear
communication through general guidance on e-waste management in its Unified
Licensing Framework, 2008 requires the licensees to “ensure the Licensed Systems
do not become a health, environmental or safety hazard” (MwendeNjiraini, 2010).
Similar provision was not found in the Tanzania’s case, its absence leaves rough
road for environmental conservationist; 93 percent of the respondents were not
aware of the roles of ICT Regulator on e-waste management on the aspect of
whether there any condition set by the ICT Regulator on the type, quality and or
specification of mobile phones brought into the market for consumption.
MwendeNjiraini (2010)outlined that the Regulator can impose conditions on the
74
type, quality and specification of mobile phones for the purposes of safeguarding the
consumers. The better example of this is in Kenya communication industry where
the type approval condition for mobile phone should “ensure that the handset do not
become a health, environment and or safety hazards”. The study found that large
section of the community, 87 percent, is not aware of any initiative by the regulator
on tackling the challenges of e-waste generated from the industry that is being
regulated.
On the other hand, study research found that 79 percent of the community is aware
of the environmental challenges associated by the mobile phones. This awareness
has not been capitalized on due to lack of coordination by ICT regulator; according
to Mercy Wanjau (2011) among the barriers of effective e-waste management is
lack of coordinated approach across service providers and ministries to deal with e-
waste. The efficiency can further be challenged by limited capacity of important
government agencies responsible for e-waste management such NEMC and TCRA
on the other without leaving aside the key role of TBS.
4.5. Policy andGuidelines Established by TBS to control imports of
Electronic Goods in Tanzania.
Below Table examine Existing Policy and guidelines established by TBS
(Tanzania Bureau of Standards) to control imports of fake/substandard
electronic goods in Tanzania.
75
Figure 4.5: Tanzania Bureau of Standard guidelines on Import of Fake Phone
Key:
eREG: Understanding of TBS as a regulator
eFAKE: TBS mandate on disposing fake handsets
esCOM: General industrial standards in place
esMOB Other techniques of checking fake handsets
esENV: Mobile phone standards in place
eNEMC: TBS check points on mobile phone quality
eCSR: TBS access to handsets CEIR
Research study results in this section revealed an overall response of 44 percent
being aware of the various TBS based policy-guidelines that mandates the institution
76
to carry out her activities as a regulator; however, on overall 56 percent of the
respondents were not aware of any policy-guiding document that position TBS as a
regulatory body. The mobile phones handset technology allows identification of fake
handset by the use of handset’s inbuilt CEIR number; for this one to be realized then
coordinated efforts between various regulatory bodies particularly TBS and TCRA
has to be initiated.
This study found 57 percent of the respondents were not aware on the roles of TBS
in checking the quality of handsets imported in the country; this means that mobile
phones goods and services imported are not ensured by the regulator quality.
Similarly, 83 percent of the respondents were not aware of any guiding document
that allows TBS to access CEIR number for the purposes of identifying fake and
non-fake phone handsets. This could be explained by the absence of CEIR
identification equipment’s at TCRA, as a communication regulator (author, 2014).
While the situation is like that in Tanzania, in Kenya, National Environmental
Management Authority (NEMA) coordinated other regulators with strong input from
Kenya Bureau of Standards to come up with Guidelines on e-Waste Management in
Kenya (NEMA, 2010).This enabled the clear sustainable management of e-waste.
This lesson learns can be implemented in Tanzania in the lead of one of the regulator
in place, NEMC and or TBS.
77
4.6. Mechanism of Separating E-Waste From Solid Waste, Collection and
Disposal
Table 4.6 below examine the Existing Mechanism of Separating E-Waste
from Solid Waste, Collection and Disposal Mechanism in Tanzania.
Figure4.6: Separating E-Waste from Solid Waste, Collection and Disposal
Mechanism
Key:
E-w: Understanding of E-waste
EDinc: Waste separation awareness
eColl: Understanding waste Collection method
EAg: Submission of worn-out handset to Collection agents
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EBIN: Worn-out phone accessories disposal with food garbage
ESEP: Documents on e-waste separation
ESMOB: Municipal Collection agents
Waste collection, separation and disposal are key processes in the management of
environment for a probable sustainability strategy. From the study research, averages
of 43 percent of respondents were aware of various means applied in waste
management, particularly solid waste. A large section of the Dar es Salam
community as viewed from the respondents, 68 percent were not aware of solid
waste separation. Though 54 percent of the respondents were aware of e-waste, their
reluctant to submitting their worn-out handsets or accessories to e-waste collecting
agent stood at 52 percent. A corporate social responsibility in Kenya prove found
similar situation of consumers reluctant to returning at collection points their worn-
out handsets (Basiye, 2010).
4.7. Benchmark the Quantity of Simcard Renewed Per Service Providers
Getting an exactly figure of simcard renewed was a bit challenging hence the data
obtained may not be reflecting the really market situation henceforth challenges of
knowing exactly e-waste generated as result of simcard renewal by various mobile
phone operators in the country. However, countrywide monthly simcard renewal was
reported to be 976,053, of this figure Dar es Salaam region with three administrative
Municipals of Ilala, Kinondoni and Temeke stand is reflected to be having 86,760
simcard renewed every month.
79
From the respondents who involved in this study, 63 percent reported handset loss as
a motive of getting their simcard renewal. This study result presents an amount of
about 54,659 handsets that are being taken away from the real owner of the item
henceforth no clear information of the end treatment of the either stolen or lost
handsets. Though some further study might be required to tress the end treatment of
the stolen or lost items, it’s assumed that a good percent of the reported lost handset
might be useless due to consumer behavior of locking their either simcard or handset
with password; whose future user may fail to unlock it or the handset may turn
useless technological challenges of unlocking it.
4.8. Conclusion
From the research study, most of the respondents were not aware of the current
Policies, Regulations and Institutional Framework on E-waste management.
However very few respondentswere aware of the contractual provisions that define
the roles of ICT equipment and service manufacturers when it comes to e-waste
management, on the other hand the extended producer responsibility hasn’t been
captured by our Regulatory documents.The study further found a lot of people are
not aware of the roles of TBS as a regulator on mobile phones handsets and
accessories, this is likely to be contributing to the flooding of fake mobile handsets
in market. This average response shows that a large section of the community is not
informed on roles of the regulator on the growing problem of E-waste in the country.
The need to have an efficient regulatory system in place for E-waste Management in
Tanzania is unavoidable particularly in the eyes of environmental impacts.
80
CHAPTER FIVE
5.0. CONCLUSIONS AND RECOMMENDATIONS
The study results shows that Tanzania lack not only appropriate technology and
knowledge for environmentally sound recycling of e-waste but also the best
legislation and regulatory documents to better manage the wastes being generated
from time to time.
E-waste management system incorporates different stakeholders throughout the
entire life cycle of electrical and electronic equipment (EEE) –importers/ producers,
users/consumers, distributors, collectors and recyclers. The efficiency of the system
depends much on the environmental awareness and effective activity of each of the
stakeholders on their responsibilities under the guidance of the legislation and
regulatory framework governing that particular society. Hence, efficient legislation
and regulatory framework governing the e-waste management is more likely to be
affected by policy formulation across different stakeholders.
The need to have an efficient regulatory system in place for e-waste management is
inevitable particularly in the eyes of environmental impacts; notably on ecological
system and environmental conservation at large. The wastes from ICT packaging
materials inclusive of mobile phone gadgets need to be tracked. The make-up of
handset and its accessories generates serious quantities of wastes due to worn-out
processes.From the overall study results, 65 percent of the respondents were not
aware of e-waste management issues as indicated in Figure 5.1 below; that presents
percentage of response on each e-waste awareness index used in this study. From the
81
study, 81% were not aware of any regulatory framework on waste and e-waste
management; however only 24% of the respondents were aware of the contractual
provisions that define the roles of ICT equipment and service manufacturers when it
comes to e-waste management, on the other hand the extended producer
responsibility hasn’t been captured by our regulatory documents.
The study further found that 56 percent of the respondents were not aware of the
roles of TBS as a regulator on mobile phones handsets and accessories; this is likely
to be contributing to the flooding of fake mobile handsets in market. On the same
point, the ICT Regulator seem not to be doing anything on the alarming e-waste
challenges that is most due to the industry being regulated by herself (57%). On e-
waste separation, only 43% of the respondents were aware on various waste
separation but not e-wastes, this indirectly communicates on e-wastes being treated
and managed like any other solid wastes.
Figure 5.1: Overall Response on Each Awareness Index Involved in the Study
82
5.1 Recommendations
From the study results, the research recommends on the following:
5.1.1 Legal Recommendations
The Legal Recommendations include the following:
i. Specific e-waste management legislation; there is a need to amend the
current laws governing general waste management so as to accommodate e-
waste and its accessories. Currently E-waste is managed through Solid
waste and hazardous regulations prescribed under the Environmental
Management Act (2004). This needs to be reviewed.
ii. Development of a legal institutional framework; the current Institutional
frameworks should be reviewed and amended to accommodate all matters
related to e-waste management effectively and efficiently.
iii. Review of Information and communication Technology policy to address in
full the aspect of e-waste management
iv. Criminal law statutes should be reviewed and amended to accommodate all
matters related to illegal dumping of e-waste.
v. Legal guideline on e-waste Management; National Environmental
Management Council (NEMC) should coordinated with other regulator with
strong input such as Tanzania Bureau of Standards to come up with a legal
guidelines on e-waste management. This will enable a clear sustainable
management of e-waste in the Country.
vi. Basel Convention; Tanzania is one of signatories however has not taken into
serious with the importation problem of sub- standard electronic equipment.
83
The government should revise and enforce Environment Law to
accommodate the Basel Convention. This will stop the Country from being
a dump location for end-of-use electronic equipment.
vii. The law related to Taxation (Tanzania Revenue Authority) should be
amended so as to distinguish original and second handset and all matters
related to electronic equipment.
viii. Some of the existing sectoral policies and legislations which hinder
sustainable management of e-waste also need to be reviewed. For instance,
the current practice by the fair Competition Commission (FCC) of disposing
of counterfeit products in the country without considering the impacts to the
environment and human health should be reviewed.
ix. Tanzania Communications Regulatory Authority (TCRA) should come up
with a policy that consider inclusion of take back systems by electronic
communications equipment operators/ dealers in their license conditions.
x. Implementation of Extended Producer Responsibility (EPR); to fill the
identified gaps in the current Policies, institutional and regulatory in
addressing e-waste, it is necessary to incorporate EPR into Tanzania
environmental legislation and regulations.
5.1.2 Non Legal Recommendations
The Non Legal Recommendations include the following:
i. Awareness creation; awareness on the effects of discarded e-waste to the
environment and human health should be created at all levels of governance
84
and the general public by making information available through appropriate
means (e.g. websites, workshops/seminars, campaigns, etc.)
ii. More study research be conducted in mobile phone ICT subsector
iii. Research for the purposes of reviewing the current legal and Regulatory
framework to accommodate the emerging e-waste challenges be undertaking
iv. Data management on mobile phones services specifically on e-Wastes call
for more research
v. Environmental Management Council (NEMC) take a lead role of
Coordinating other stakeholders in bringing in place specific guidelines for e-
waste management.
vi. Development of a formal, a well-organized and efficient e-waste Recycling
sector in the Country.
vii. Collection and management of data system need to be improved; by
introducing data system which allows for monitoring & control of e-waste.
The current import/export data collected by TRA does not distinguish
therefore there is need to improve this system to enable one to distinguish
between new & second hand products.
viii. Cooperation between stakeholders should be improved; by establishing a
Country e-waste forum in partnership with appropriate and well established
regional, international or national bodies like European WEEE forum, for the
aim of sharing information and discussion on e-waste management.
ix. Encourage dealers of electronic products to introduce Cardboard box will be
good exposure for LDC/ dead batteries & other unused electronic accessories
towards e-waste disposal in the country.
85
5.2 Conclusion
The research study reveals initiatives taken by the government of the United
Republic of Tanzania country wise involves ratification of the international treaties,
formulation and putting in place regulatory documents such as National
Environmental Policy (1997), National ICT Policy (2003), Small and Medium
Enterprises (SMEs) Development Policy (1996), Environmental Management Act
(Cap.191) of 2004 and its regulations notably regulation on management of
hazardous wastes, National Energy Policy (2003), Sustainable Industrial
Development Policy (SIDP) 1996-2020 and National Trade Policy (2003).
Nevertheless, none of these Policies present clear guidelines as far as E-waste is
concerned. Taking into consideration the seriousness of the problem, the Country
needs a specific Policy on E-waste management.
86
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Rana, Prafulla. 'E-waste management: its effect on human health and environment'
on http://www.scribd.com/doc/71148932/E-waste-management-its-effect-on-human-
Health-and-environment.
Regulation Related to E-Waste Management in Tanzania available online on,
http://www.mindmeister.com/157441663/regulations-related-to-e-waste management-in-tanzania
Shagufta Omar. “Sources of International law In the light of the Article 38 of the
International Court of Justice”.
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Sustain Electronics Initiative (2010) Fact Sheet: Electronic Waste (e-Waste) terms
and Definitions, Illinois Sustainable Technology center, Illinois USA.
State of the Environment report – 2006 vice president’s office-division of environment.
Tanzania Citizen Magazine of Wed 24 April 2013, “An E- waste policy is long overdue”
Thorpe, B., Kruszewska, I. & McPherson, A. (2004) Extended producer
http://www.sustainablecommunities.fcm.ca/files/Tools/EPR_Toolkit.pdf.
United Nations Environment Programme (UNEP). 2014 on http://www.unep.org/
World Bank. 2009. World Development Indicators. Washington, D.C.: World Bank
Online http://publications.worldbank.org/WDI/
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APPENDICES
Appendix1:
QUESTIONNAIRE
Part one: Personal Information
Where do you live: a) Kinondoni District: ... Ward: ...
b) Temeke District: ... Ward: ...
c) Ilala District: ... Ward: ...
Date of Interview: ......................
Current Educational Level: a) No formal education: ... d) Secondary Education: ...
b) Adult Education: ... e) University Education: ...
c) Primary Education: ...f) Vocational Education: ...
Age of Respondents: a) Between 18-30 years old: ... c) Between 30-40 years old: ...
b) Between 40-50 years old: ... d) Above 50 years old: ...
Part Two: General Questions (Tick the Correct Answer (√))
1. Do you own mobile phone?
a) Yes b) No
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2. When did you start using mobile phone?
a) Below 2000 d) 2005-2010
b) 2000-2005 e) 2010 and above
3. Since you started using Mobile phone, How many handset have you used up
to now:
a) One c) Three
b) Two d) More than three
4. Currently how many Handset do you possess:
a) One c) Three
b) Two d) More than three
5. Have you ever lost your mobile phone?
a) Yes c) If yes how many times
b) No
6. Have you ever lost your mobile phone charger?
c) Yes c) If yes how many times
d) No
7. Have you changed/swapped a mobile SIM card?
a) Yes c) If yes how many times
b) No
8. Where do you normally purchase your Mobile phone?
a) Directly from Producer of International Brand
b) Local Assembler with own brand
c) Local Assembler without own brand
d) Second Hand Market
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9. Should the ICT Regulator play a role in encouraging its licensees to integrate
electron waste (e-waste) management in their company policy?
a) Yes b) No c) No idea
10. What role should the ICT Regulator assume in Relation to E-waste
management:
a) Facilitator d) Promoter
b) Enabler e) awareness raiser
c) Enforcer
11. What do you think on the effort made by ICT regulator to ensure there is
efficient co-ordination with other agencies, like Environmental agency in
relation to E-waste management regulations and Obligations?
a) Satisfactory c) Not at all
b) Not Satisfactory
12. To whom do you think the burden and cost of responsibility in e-waste
management falls:
a) Producer d) Service provider
b) Consumer e) ICT Regulator
c) Government f) NEMC (National Environmental
Management)
13. What do you think on the efforts made by NEMC (National Environmental
Council) to improve e-waste management and sensitization in Tanzania:
c) Satisfactory c) Not at all
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d) Not Satisfactory
14. Has NEMC (National Environmental Council) laid any structures for
sensitization through Community based Organizations and NGOs:
a) Yes c) No
b) No Idea
15. Are you aware of educational framework put by Dar es salaam City
Council to ensure Dar es Salaam residents are adequately informed of E-
waste management at household level:
a) Yes b) No
16. Are you aware that several electronic components might be usefully if
recycled?
a) Yes b) No
17. Are you aware on environmental risk due to discarded electronic devices?
(For example Mobile phones, Radios, Computers, etc.):
a) Yes b) No
18. Are you aware that some hazardous components with E-waste require a
specific action so as to be securely disposed?
a) Yes b) No
19. Does your company/institution have a procedure for handling electronic
waste?
a) Yes b) No idea c) No
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20. If not, does your company/institution plan to introduce a policy for E-waste
management?
a) Yes b) No idea c) No
21. Do you know where to get a list of approved mobile telephones?
a) Yes b) No
22. What is the average replacement period of your new Mobile phone?
a) One year c) Two years
b) Three years d) More than three years
23. Do you know the average lifetime of used Mobile phone?
a) Yes c) No
b) If yes, please
24. Do you keep inventories of electronic devices you discard / store?
a) Yes b) No
25. Are you aware of what happens to electronic equipment you have discarded?
a) Yes b) No
26. What do you do with the electronic equipment you don't use anymore?
a) Sell c) Throw them away with general waste
b) Store d) Donate them to Friends or School
27. Environmental matters are best passed on in our education system and the
issue of E-waste should be done through the education institutions. Can we
have Institutions that generate waste set up teams to look at these issues?
a) Yes b) No
28. Can the producers of the E-waste be called to account for their deeds?
a) Yes b) No
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29. Are you aware of guidelines that have been put in place by Tanzania Bureau
of Standards (TBS) to Control imports of substandard or fake Electronic
goods into Tanzania?
a) Yes b) No
30. In your view, what is the reason that hinders proper recycling mechanism of
electronic equipment in Tanzania?
a) Absence of recycling industries c) Costs e) No idea
b) Lack of Policies & Legislation d) Both
31. E-waste, if not carefully managed, is a threat to the Environment and Human
health:
a) Strong agree c) Uncertain f) Agree
b) Strong disagree d) Disagree
32. Mobile Service Providers should absorb the costs of dealing with E-waste
before declaring the bottom line:
a) Strong agree c) Uncertain f) Agree
b) Strong disagree d) Disagree
33. Is there any Mobile service provider whose license has been cancelled for
contravening the ICT policy?
a) Yes b) No idea c) No
34. Is the current legal regime on E-waste management in the country effective?
a) Yes b) No idea c) No
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